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Full text of "North Carolina Register v.12 no. 1 (7/1/1997)"

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NORTH CAROLINA 

REGISTER 



VOLUME 12 • ISSUE 1 • Pages 1 - 45 
July 1, 1997 



IN THIS ISSUE 

Executive Orders 

Public Notice >• State Medical Facilities Plan 

Voting Rights Letter 

Crime Comrol & Public Safety 

Environment, Healthy and Natural Resources 

Human Resources 

Nursing, Board of 

Public Education 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 2 7611- 7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 




This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



NORTH CAROLINA 
REGISTER 



IN THIS ISSUE 




I. EXECUTIVE ORDERS 

Executive Orders 112-113 



Volume 12, Issue 1 
Pages 1-45 



July 1, 1997 



This issue contains documents officially filed 
through June 10, 1997. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

James R. Scarcella St., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



U. IN ADDITION 
Human Resources 

Facility Services 2-3 

Voting Rights Letter 4 



m. RULE-MAKING PROCEEDINGS 

Environment, Health, and Natural Resources 

Wildlife Resources Commission 5 

Licensing Boards 
Nursing, Board of 5 



rV. PROPOSED RULES 

Crime Control & Public Safety 

Governor's Crime Commission 6 

Environment, Health, and Natural Resources 

Environmental Management Commission 6-18 

Wildlife Resources Commission 18 

Public Education 
State Board of Education 18-30 



V. TEMPORARY RULES 

Environment, Health, and Natural Resources 

Health Services 31-34 

Human Resources 
Mental Health: General 31 

VI. RULES REVIEW COMMISSION 35-36 

VII. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 37-38 

Text of Selected Decisions 
96 OS? 0326 39-44 

VIII. CUMULATIVE INDEX 1-32 



Digitized by the Internet Archive 

in 2011 with funding from 

University of North Carolina at Chapel Hill 



http://www.archive.org/details/northcarolinareg121nort 






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EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 112 
EXTE>fDING EXECUTIVE ORDER NO. 78 

By the power vested in me as Governor by the Constitution 
and laws of the State of North Carolina, IT IS ORDERED: 

Executive Order No. 78 regarding the North Carolina Human 
Service Transportation Council is hereby extended for two 
years. 

This order shall be effective immediately. 

Done in Raleigh, North Carolina, this the 22nd day of May, 
1997. 

EXECUTIVE ORDER NUMBER 113 
MERIT-BASED HIRING PROCESS 

WHEREAS, the State of North Carolina has a responsibility 
to provide efficient and effective services to its citizens with a 
productive and professional state workforce; and, 

WHEREAS, the citizens and the state government workforce 
deserve strong assurances that skills, knowledge and merit are 
the basis for state government hiring decisions, not political 
patronage; and, 

WHEREAS, there is a pressing need to reform the state's 
personnel system with a merit-based hiring system designed to 
bring only the most-qualified people into state government; 

NOW, THEREFORE, by the power vested in me as 
Governor by the laws and Constitution of the State of North 
Carolina, IT IS ORDERED: 

Section L Policy. 

By October 15, 1997, each State cabinet agency shall design 
a process for the recruitment and selection of the most highly 
qualified candidates for employment based upon specific job 
related knowledge, skills and abilities. 
Section 2. Administration. 

The process shall ensure that candidates selected best meet 
the needs of the agency. The selection process shall be 
administered without regard to political affiliation or influence. 

The process designed by the agencies shall be submitted to 
the Office of State Personnel for review and to the State 
Personnel Commission for approval. All agency recruitment 
and selection processes shall: 

a. Comply with all existing state and federal laws, 
policies and rules governing personnel actions; 

b. Ensure full and fair consideration of all citizens 
without regard to race, religion, color, creed, 
national origin, sex, age, disability or political 
affiliation/influence; and, 

c. Comply with good human resource practices and 
with any procedural guidelines designed by the 
Office of State Personnel to implement this Executive 
Order. 

Section 3. A gency Plan. 



The plan shall include standard elements of a recruitment and 
selection process including but not limited to: 

a. Pre-recruitment and recruitment activities: 

(1) assess need for position; 

(2) assess responsibilities and level of position; 

(3) identify the specific knowledge, skills and 
abilities required; 

(4) determine recruitment method, time frame and 
locations; and, 

(5) develop and implement the recruitment plan. 

b. Evaluating and categorizing applications: 

(1) applications evaluated and categorized by 
qualified independent individual or panel 
based on the specific knowledge, skills and 
abilities; 

(2) identify the most highly qualified applicants, 
and send only that pool to the selection 
supervisor or manager for consideration; 

(3) where tests are used to evaluate and categorize 
candidates, such tests shall comply with all 
requirements of state and federal law; and, 

(4) consistent application among agencies when 
testing for the same or similar positions. 

c. Selection process based solely upon merit: 

(1) consultation between the selection supervisor 
or manager and personnel professionals in 
utilizing a final selection process that is 
objective and based upon job related 
knowledge, skills and abilities; 

(2) the selection supervisor or manager shall not 
have participated in the determination of the 
pool of most highly qualified applicants; 

(3) successful applicant must be selected from the 
pool of most highly qualified applicants; and, 

(4) the selection process shall appropriately 
consider all existing state and federal laws and 
rules applicable to the selection. 

Section 4. Duties of Office of State Personnel. 

The Office of State Personnel shall provide guidelines to 
agencies in designing a recruitment and selection process that 
selects employees based upon the process outlined in this 
Order. The Office of State Personnel shall monitor agency 
compliance with this Order. 
Section 5. Duties of State Personnel Commission. 

The State Personnel Commission shall review for approval all 
recruitment and selection processes that comply with: 

a. Provisions of this Order; 

b. Existing federal and state laws and rules; 

c. Any procedural guidelines designed by the Office of 
State Personnel; and, 

d. Good human resource practices. 

This order shall be effective immediately. 

Done in the Capital City of Raleigh, North Carolina, this the 
12th day of June, 1997. 



12:1 



NORTH CAROLINA REGISTER 



July 1, 1997 



IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the Codifier 
of Rules for publication. 



• PUBLIC NOTICE • 

Citizens are invited to attend public hearings on the Draft 1998 State Medical Facilities Plan to be conducted by the North 
Carolina State Health Coordinating Council (SHCC) at the following times and locations: 



Asheville 


July 9, 1997 


1:30 p.m. 


MAHEC 




(Wednesday) 




501 Biltmore Avenue 
Classroom Room #1 
Asheville, NC 28801-4686 


Greenville 


July 10, 1997 


1:30 p.m. 


The Willis Building 




(Thursday) 




East Carolina University 
300 East First Street 
Greenville, NC 27858-4356 


Greensboro 


July 10, 1997 


1:30 p.m. 


Council of Governments 




(Thursday) 




Koger Office Center 
(near Howard Johnson 's) 
2216 W. Meadow-view Road 
Suite 201, Wilmington Building 
(2nd Floor Conference Room) 
Greensboro, NC 27407-3480 


Wilmington 


July 11, 1997 


1:30 p.m. 


Coastal AHEC 




(Friday) 




New Hanover Regional Med. Ctr. 
Auditorium - Ground Floor 
2131 S. 17th Street 
Wilmington, NC 


Charlotte 


July 11, 1997 


1:30 p.m. 


Rankin Education Center - Auditorium 




(Friday) 




Carolinas Medical Center 
1200 Bhihe Boulevard 
Chariotte, NC 


Raleigh 


July 15, 1997 


1:30 p.m. 


Division of Facilitv Services 




(Tuesday) 




Conference Room #201 
701 Barbour Drive 
Raleigh, NC 27603 






All persons commenting on the Draft Plan at the public hearing s are asked to supplv WRITTEN COPIES of their remarks . 

Persons with disabilities who need assistance to participate in the public heanng are requested to notify' the Medical Facilities 
Planning Section in advance so that reasonable accommodations can be arranged. 

The State Medical Facilities Plan projects need for acute care hospital beds, rehabilitation facilities and beds, ambulatory surgen. 
facilities and operating rooms, technologv' services and equipment, nursing care beds, home health agencies, kidney dialysis stations, 
hospice home care programs and inpatient beds, psvchiatric hospitals, substance abuse treatment facilities, and intermediate care 
facihties for the mentally retarded. NOTE: After the need determinations and policies are adopted by the SHCC and approved 
by the Governor, thev will be incorporated in rules for the 1998 State Medical Facilities Plan . 



NORTH CAROLINA REGISTER 



July 1, 1997 



12:1 



IN ADDITION 



Persons wishing to review or purchase the Draft 1998 State Medical Facilities Plan or who want information about the Plan or the 
series of public hearings may call 919-733-4130, or wnte to: Medical Facilities Planning Section, Division of Facility Services, P.O. 
Bo.x 29530, Raleigh, NC 27626-0530 Inquiries may be made to this same address about comments or petitions received regarding 
the Draft Plan. Copies of the Draft Plan will also be made available to all Area Health Education Centers and to all Lead Regional 
Organizations (Councils of Government) in the State. ALL WRITTEN COMMENTS AND PETITIONS ON THE DRAFT 1998 
STATE MEDICAL FACILITIES PLAN MUST BE RECEIVED BY JULY 15, 1997. 



12:1 NORTH CAROLINA REGISTER July 1, 1997 



IN ADDITION 



( 



U.S. Department of Justice 
Civil Rights Division 



IKP:GS:NT:jdp Voting Section 

DJ 166-012-3 P.O. Box 66128 

96-1062 Washington, B.C. 20035-6128 

June 6, 1997 

Roben C. Cogswell, Jr., Esq. 

City Attorney 

P.O. Box 1513 

Fayetteville, Nonh Carolina 28302-1513 

Dear Mr. Cogswell: 

This refers to 15 annexations, their designation to existing city council districts, the change in the size of the city council 
by the addition of three members to be elected from single-member districts, and the redistricting plan for the City of Fayetteville 
in Cumberland County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 , 
U.S.C. 1973c. We received your submission on April 9, 1997. \ 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement 
of the changes . See the Procedures for the Administration of Section 5(28C.F.R. 51.41). 

Sincerely, 

Isabelle Katz Pinzler 

Acting Assistant Attorney General 

Civil Rights Division 

By: 

for Elizabeth Johnson 
Chief, Voting Section 



( 



NORTH CAROLINA REGISTER July 1, 1997 12:1 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency 's proposed rule making. The agency must 
publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule. 
Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be fourui in the Register under the 
section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making Proceedings and 
can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 150B-21.2. 



TITLE ISA - DEPARTMEP^ OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 



Salisbury Street, Raleigh, NC 27604-1188. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



SUBCHAPTER lOF - MOTORBOATS 
AND WATER SAFETY 

A Jotice of Rule-making Proceedings is hereby given by the 
1 y North Carolina Wildlife Resources Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Re gister the text of the rules it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC lOF .0311, .0333, .0360 - Other rules may be 
proposed in the course of the rule-making process. 

Authority for the rule-making: G.S. 75A-3; 75A-15 



CHAPTER 36 - BOARD OF NURSING 

'KJotice of Rule-making Proceedings is hereby given by the 
1 y North Carolina Board of Nursing in accordance with G.S. 
150B-21.2. The agency shall subsequently publish in the 
Re gister the text of the rules it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

21 NCAC 36 .0601 - .0606 - Other rules may be proposed in 
the course of the rule-making process. 

Authority for the rule-making: G.S. 55B; 57C-2-01; 150B- 
11 



Statement of the Subject Matter: 

ISA NCAC 10F.0311 - Establish no wake zone on Kerr Lake. 

Kerr Lake Methodist Campground, Vance County. 

ISA NCAC 10F.0333 - Establish no wake zone on Lake Wiley 

Marine Commission, Hwy 27 Bridge, Mecklenburg County. 

ISA NCAC lOF . 0360 - Establish no wake zone on Santeetlah 

Lake, Cheoah Point swimming area in Graham County. 



Reason for Proposed Action: 

congested areas. 



To regulate boat speed in 



Comment Procedures: The record will be open for receipt of 
written comments from July 1, 1997 through September 2, 
1997. Such written comments must be delivered or mailed to 
the North Carolina Wildlife Resources Commission, 512 N. 



Statement of the Subject Matter: Adoption of rules for 
organizing a limited liability company for the purposes of 
providing nursing and related services consistent with G.S. 55B 
and G.S. 57C-2-01. 

Reason for Proposed Action: To facilitate the process for 
registered nurses wanting to form a limited liability company 
as organized under G.S. 57C-2-01. 

Comment Procedures: Comments regarding this notice should 
be directed to Jean Stanley, APA Coordinator, North Carolina 
Board of Nursing, P.O. Box 2129, Raleigh, NC 27602-2129. 
Comments must be received in the Board of Nursing office by 
4:30 p.m. on September 2, 1997. 



12:1 



NORTH CAROLINA REGISTER 



July 1, 1997 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published 
a Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from 
the publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required 
comment period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). 
Statutory reference: G.S. 150B-21.2. 



TITLE 14A - DEPARTMENT OF CRIME 
CONTROL AND PUBLIC SAFETY 

Notice is hereby given in accordance with G. S. 1508-21 . 2 
that the Department of Crime Control & Public Safety. 
Governor's Crime Commission intends to amerui rule cited as 
MA NCAC 7 .0313. Notice of Rule-making Proceedings was 
published in the Register on March 15, 1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 1:30 p.m. on July 17. 
1997 at the Archdale Building, 2^ Floor Library, 512 N. 
Salisbury Street, Raleigh, NC 27611. 

Reason for Proposed Action: To change rule to allow federal 
block grants to be approved for more than two years. 

Comment Procedures: Any interested person may submit 
comments relex'cmt to the proposed action at the public hearing 
either in writing or oral form. Comment period will be open 
through July 31, 1997. Written statements not presented at the 
public hearing may be directed prior to or after the public 
hearing to Jo Macklin, Administrative Procedures Coordinator, 
Department of Crime Control & Public Safety, P.O. Box 
29590, Raleigh, NC 27626-0590. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government Junds. This Rule does not 
have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 7 - DIVISION OF GOVERNOR'S 
CRIME COMMISSION 

SECTION .0300 - GRANT APPLICATION 
PROCESS AND ADMINISTRATION 

.0313 TWO YEAR LIMITATION ON 
FEDERAL FUNDING 

Grantees may receive up to two years of funding on a 
project, at such ratios of federal funds to matching state or local 
funds as may be specified by each particular federal grant 
program or relevant guidelines, guidelines, or as may be 
determined by the Commission. Projects may be considered for 
one or more additional grant periods consistent with federal 
re gulations and subject to availability of funds. The t w o -year 
f unding limi t applies ev e n if a pr oject r e ceiv e s funds fr o m more 
than one fed e ral criminal jus t ic e block grant sou r ce during tha t 



time 

Authority G.S. 143B-477; 143B-479. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the EHNR - Environmental Management Commission 
intends to amend ndes cited as 15A NCAC 2B .0304. Notice 
of Rule-making Proceedings was published in the Register on 
March 14, 1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 7:00 p.m. on August 
26. 1997 at the North Henderson High School Auditorium, 10 
Fruitland Road, Hendersonville, NC 28792. 

Reason for Proposed Action: The North Carolina Department 
of Environment, Health and Natural Resources on behalf of the 
Environmental Management Commission (EMC) will conduct 
a public hearing in order to receive public comments on a 
proposal to reclassify a portion of Clear Creek (French Broad 
River Basin) in Heruierson County for primary recreation. 
These rule-making proceedings are being held in accordance 
with N.C.G.S. 143-214.1, 143-215.1, and 143-215. 3(a)(1). 
The Division of Water Quality (Division) is requesting that the 
EMC reclassify Clear Creek from its source to Lewis Creek 
from Class C Tr (Trout) to Class B Tr. The B and SB 
classifications are assigned to waters that are used for primary 
recreational purposes. Class B is applicable to freshwaters and 
Class SB to saltwaters. Primary recreation is defined in 
Division rules as "swimming, skin diving, skiing, and similar 
uses involving human body contact with water where such 
activities take place in an organized or on a frequent basis. " 
Under North Carolina rules, se\'eral criteria must be met before 
waters can be classified for primary recreation. These are: 1) 
the area must be of sufficient size and depth to support primary 
recreation; 2) fecal coliform concentrations must be less than 
200 colonies per 100 milliliters based on a geometric mean 
derived from five samples taken within a 30 day period; 3) there 
must be no sources of water pollution which could result in a 
hazard to public health in close proximity to areas where 
recreation occurs; and 4) primary recreation must take place in 
an organized or on a frequent basis. In the original request for 
reclassification, which was made by a local property owner in 
1992. the Di\ision was asked to investigate reclassifying Clear 



NORTH CAROLINA REGISTER 



July 1, 1997 



12:1 



PROPOSED RULES 



Creek to include the High Quality Waters (HQW) supplemental 
classification along with the reclassification for primary 
recreation. Results received in 1993 and 1995 from studies 
conducted by the Division showed that Clear Creek did not 
qualify for reclassification to HQW, but did meet the 
requirements for reclassification to B waters. The purpose of 
this rule change is to protect the water's primary recreational 
uses. If reclassified, wastewater dischargers to Clear Creek 
will be required to comply with reliability standards set forth 
in 15A NCAC 2H .0124. Reliability standards require facilities 
to insure continued treatment of wastewater during instances of 
power failure. This can be accomplished through employment 
of multiple treatmem components and backup power supply, or 
demonstration that the nature of the facility is such that 
untreated wastewater would not be discharged to surface 
waters during instances of power failure. 

Comment Procedures: The purpose of this announcement is 
to encourage those interested in this proposal to provide 
comments. You may either attend the public hearing and make 
relevant verbal comments or submit written comments, data or 
other relevant information by September 26, 1997. The 
Hearing Officer may limit the length of time that you may speak 
at the public hearing, if necessary, so that all those who wish 
to speak may have an opportunity to do so. We encourage you 
to submit written comments as well. The EMC is very 
interested in all comments pertaining to the proposed 
reclassifications. It is very important that all interested and 
potentially affected persons or parties make their views known 
to the EMC whether in favor of or opposed to any and all 
provisions of the proposed reclassifications. The EMC may, 
not adopt a rule that differs substantially from the text of the 
proposed rule published in the North Carolina Register unless 
the EMC publishes the text of the proposed different rule and 
accepts comments on the new text (see 150B-2 1.1(g)) All 
interested and potentially affected persons are strongly 
encouraged to read the entire announcement and supporting 
information, and make appropriate comments on the proposal 
presented. The proposed effective date for the final rules 
pursuant to this hearing process is August 1, 1998. Written 
comments may be submitted by September 26, 1997 to: Liz 
Kovasckitz, DEHNR/Division of Water Quality, P.O. Box 
29535, Raleigh, NC 27626-0535. (919) 733-5083, extension 
572. In the case of inclement weather on the day the public 
hearing is scheduled, please contact the above telephone 
number for a recorded message on any changes to the location, 
day or time of the hearing. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government fitnds. This Rule does not 
have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 2 - ENVIRONME>nrAL MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER AND 
WETLAND STANDARDS 



SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

.0304 FRENCH BROAD RIVER BASIN 

(a) Places whe r e t he schedules may be ins p ected : The 
schedule may be inspected at the following places: 

(1) Clerk of Court: 
Avery County 
Buncombe County 
Haywood County 
Henderson County 
Madison County 
Mitchell County 
Transylvania County 
Yancey County 

(2) North Carolina Department of Environment, Health, 
and Natural Resources 

Asheville Regional Office 

Interchange Building 

59 Woodfm Place 

Asheville, North Car o lina Carolina. 

(b) Unnamed Streams. Such streams entering Tennessee will 
be classified "B." 

(c) The French Broad River Basin Schedule of 
Classifications and Water Quality Standards was amended 
effective: 

(1) September 22, 1976; 

(2) March 1, 1977; 

(3) August 12, 1979; 

(4) April 1, 1983; 

(5) August 1, 1984; 

(6) August 1, 1985; 

(7) February 1, 1986; 

(8) May 1, 1987; 

(9) March 1, 1989; 

(10) October 1, 1989; 

(11) January 1, 1990; 

(12) August 1, 1990; 

(13) August 3, 1992; 

(14) October 1, 1993; 

(15) July 1, 1995; 

(16) November 1, 1995; 

(17) January 1, 1996; 

(18) April 1. i996r 1996; 

(19) August 1. 1998. 

(d) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective March 1, 1989 as follows: 

(1) Cataloochee Creek (Index No. 5-41) and all tributary 
waters were reclassified from Class C-trout and Class 
C to Class C-trout ORW and Class C ORW. 

(2) South Fork Mills River (Index No. 6-54-3) down to 
Queen Creek and all tributaries were reclassified 
from Class WS-I and Class WS-III-trout to Class 
WS-I ORW and Class WS-IIl-trout ORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 



12:1 



NORTH CAROLINA REGISTER 



July 1, 1997 



PROPOSED RULES 



effective October 1, 1989 as follows: Cane River (Index No. 
7-3) from source to Bowlens Creek and all tributaries were 
reclassified from Class C trout and Class C to Class WS-III 
trout and Class WS-III. 

(f) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective January 1, 1990 as follows: Nonh Toe River (Index 
No. 7-2) from source to Cathis Creek (Christ Branch) and all 
tributaries were reclassified from Class C trout and Class C to 
Class WS-III trout and Class WS-III. 

(g) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective August 3, 1992 with the reclassification of all water 
supply waters (waters with a primary classification of WS-I, 
WS-II or WS-III). These waters were reclassified to WS-I, 
WS-II, WS-III, WS-rV or WS-V as defmed in the revised water 
supply protection rules, (15A NCAC 2B .0100, .0200 and 
.0300) which became effective on August 3, 1992. In some 
cases, streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of 
a water supply intake or identified as not being used for water 
supply purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective October 1, 1993 as follows: Reasonover Creek [Index 
No. 6-38-14-(l)] from source to Reasonover Lake Dam and all 
tributaries were reclassified from Class B Trout to Class WS-V 
and B Trout, and Reasonover Creek [Index No. 6-38-14-(4)] 
from Reasonover Lake Dam to Lake Julia Dam and all 
tributaries were reclassified from Class C Trout to Class WS-V 
Trout. 

(i) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective July 1, 1995 with the reclassification of Cane Creek 
[Index Nos. 6-57-(l) and 6-57-(9)] from its source to the 
French Broad River from Classes WS-IV and WS-IV Tr to 
Classes WS-V, WS-V Tr and WS-IV. 

(j) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective November 1, 1995 as follows: North Toe River 
[Index Numbers 7-2-(0.5) and 7-2-(37.5)] from source to a 
point 0.2 miles downstream of Banjo Branch, including 
tributaries, has been reclassified from Class WS-III, WS-III 
Trout and WS-III Trout CA (critical area) to Class WS-IV 
Trout, WS-IV, WS-IV Trout CA, and C Trout. 

(k) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective January 1, 1996 as follows: Stokely Hollow [Index 
Numbers 6-121. 5-(l) and 6-121. 5-(2)] from source to mouth of 
French Broad River has been reclassified from Class WS-II and 
Class WS-II CA to Class C. 

(1) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended April 
1, 1996 with the reclassification of the French Broad River 



[Index No. 6-(l)] from a point 0.5 miles downstream of Little 
River to Mill Pond Creek to Class WS-IV; French Broad River 
[Index No. 6-(51 .5)] from a point 0.6 miles upstream of Mills 
River to Mills River to Class WS-IV CA (Critical Area), from 
Mills River to a point 0.1 miles upstream of Boring Mill 
Branch to Class C; and the Mills River [Index No. 6-54-(5)] 
was reclassified from City of Hendersonville water supply 
intake to a point 0.7 miles upstream of mouth of Mills River to 
Class WS-III, and from a point 0.7 miles upstream of mouth of 
Mills River to French Broad River to Class WS- III CA 
(Critical Area). 

(m) The schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
August 1, 1998 with the reclassification of Clear Creek [Index 
No. 6-55-1 l-d)] from its source to Lewis Creek from Class C 
Tr to Class B Tr. 

Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). 
****************** 

Notice is hereby given in accordance with G.S. 150B-21.2 
thai the EHNR - Enxironmental Management Commission 
intends to amend rules cited as 15A NCAC 2B .0304, .0306, - 
.0309, .0311, .0313, .0316 - .0317. Notice of Rule-making 
Proceedings was published in the Register on April 15, 1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 7:00 p.m. on August 
25, 1997 (concurrent hearings) at the Archdale Building, 
Ground Floor Hearing Room, 512 N. Salisbury Street, Raleigh, 
NC and Catawba Valley Community College, Auditorium, 2550 
Highway 70 SE, Hickory, NC. 

Reason for Proposed Action: The Environmental 
Management Commission (EMC) was petitioned in early 1996 
to interpret the definition of the Protected Area [rule 15A 
NCAC 2B .0202(46)]. The question was raised whether the 
Protected Area boundary for WS-IV run-of-the-river water 
supplies should be measured either as ten miles "as-the-river- 
flows " or "linearly. " On May 9, 1996, the EMC clarified the 
definition by stating that the "as-the-river-flows " method is the 
appropriate method in determining the Protected Area for WS- 
IV run-of-the-river water supplies. The EMC stated that each 
proposed modification to the WS-IV Protected Area must go 
through the rule-making process. The EMC also stated that 
local water supply protection ordinances would remain in effect 
until reclassification. Local governments within WS-IV ten- 
mile Protected Area water supplies were sent a letter of 
notification on June 4, 1996 of the EMC's interpretation 
decision. The letter instructed those local governments desiring 
to have the Protected Area boundaries within their jurisdiction 
re\ised, based on the EMC's interpretation to submit a request 
to the Division of Water Quality by October 31, 1996. Twenty - 
one local government resolutions were received. The 
resolutions affect 29 of the 55 WS-IV water supplies with a ten- 



NORTH CAROLINA REGISTER 



July 1, 1997 



12:1 



PROPOSED RULES 



mile Protected Area. The result of the proposed WS-IV ten-mile 
Protected Area boundary modifications will be that local 
governments having jurisdiction within the affected area will 
have the option of revising their area of coverage for water 
supply watershed protection. In general, less area will be 
affected. The area affected by state permitting requirements for 
landfills, residual application sites and wastewater dischargers 
will also potentially be reduced. Streams within the areas 
proposed for revision will be considered for reclassification. 
In general, mainstem waterbodies that are currently classified 
as WS-TV, that are within the Protected Area being considered 
for revision, will become Class WS-V or Class C, and most 
affected tributaries will become Class C. Affected tributaries 
classified B will remain Class B. Supplemental classifications 
are not proposed for revision. 

Comment Procedures: The purpose of the announcement is to 
encourage those interested in this proposal to provide 
comments. You may either attend the public hearings and 
make relevant verbal comments or submit written comments, 
data, or other information relevant to this proposal bx 
September 25. 1997. The Hearing Officer may limit the length 
of time that you may speak at the public hearing, if necessary, 
so that all those who wish to speak may have an opportunity to 
do so. We encourage you to submit written comments as well. 
It is very important that all interested and potentially affected 
persons or parties make their views known to the EMC whether 
in favor or opposed to any and all provisions of the proposal 
being noticed. The EMC may not adopt a rule that differs 
substantially from the text of the proposed rule published in the 
North Carolina Register unless the EMC publishes the text of 
the proposed different rule and accepts comments on the new 
text. (See 150B-21.2(g)). All interested and potentially 
affected persons are strongly encouraged to read the entire 
announcement and supporting information and make comments 
on the proposal being noticed. You may obtain further 
explanations and details of the proposed rule making by writing 
or calling Steve Zoufaly. Written comments may be submitted 
to: Steve Zoufaly, DEHNR/Division of Water Quality, 
Planning Branch, P.O. Box 29535, Raleigh, NC 27626-0535. 
(919) 733-5083, extension 566. 

Fiscal Note: These Rules do affect the expenditures or revenues 
of state funds. These Rules do not affect the expenditures or 
revenues of local government funds. These Rules do not have a 
substantial economic impact of at least five million dollars 
($5,000,000) in a 12-month period. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER AND 
WETLAND STANDARDS 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSinCATIONS 

.0304 FRENCH BROAD RIVER BASIN 



(a) Places where the schedules may be inspec t ed. The 
schedule may be inspected at the following places: 

(1) Clerk of Coun: 
Avery County 
Buncombe County 
Haywood County 
Henderson County 
Madison County 
Mitchell County 
Transylvania County 
Yancey County 

(2) North Carolina Department of Environment, Health, 
and Natural Resources 

Asheville Regional Office 

Interchange Building 

59 Woodfm Place 

Asheville, North Carolina Carolina. 

(b) Unnamed Streams. Such streams entering Teimessee will 
be classified "B." 

(c) The French Broad River Basin Schedule of 
Classifications and Water Quality Standards was amended 
effective: 

(1) September 22, 1976; 

(2) March 1, 1977; 

(3) August 12, 1979; 

(4) April 1, 1983; 

(5) August 1, 1984; 

(6) August 1, 1985; 

(7) February 1, 1986; 

(8) May 1, 1987; 

(9) March 1, 1989; 

(10) October 1, 1989; 

(11) January 1, 1990; 

(12) August 1, 1990; 

(13) August 3, 1992; 

(14) October 1, 1993; 

(15) July 1, 1995; 

(16) November 1, 1995; 

(17) January 1, 1996; 

(18) April l.i^967 1996: 

(19) Au gust 1. 1998. 

(d) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective March 1, 1989 as follows: 

(1) Cataloochee Creek (Index No. 5-41) and all tributary 
waters were reclassified from Class C-trout and Class 
C to Class C-trout ORW and Class C ORW. 

(2) South Fork Mills River (Index No. 6-54-3) down to 
Queen Creek and all tributaries were reclassified 
from Class WS-I and Class WS-III-trout to Class 
WS-I ORW and Class WS-lII-trout ORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective October 1, 1989 as follows: Cane River (Index No. 
7-3) from source to Bowlens Creek and all tributaries were 
reclassified from Class C trout and Class C to Class WS-III 
trout and Class WS-III. 



12:1 



NORTH CAROLINA REGISTER 



July 1, 1997 



PROPOSED RULES 



(f) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective January 1, 1990 as follows: North Toe River (Index 
No. 7-2) from source to Cathis Creek (Christ Branch) and all 
tributaries were reclassified from Class C trout and Class C to 
Class WS-III trout and Class WS-III. 

(g) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective August 3, 1992 with the reclassification of all water 
supply waters (waters with a primary classification of WS-I, 
WS-II or WS-III). These waters were reclassified to WS-I, 
WS-II, WS-III, WS-IV or WS-V as defined in the revised water 
supply protection rules, (15A NCAC 2B .0100, .0200 and 
.0300) which became effective on August 3, 1992. In some 
cases, streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of 
a water supply intake or identified as not being used for water 
supply purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective October 1, 1993 as follows: Reasonover Creek [Index 
No. 6-38-14-(l)] from source to Reasonover Lake Dam and all 
tributaries were reclassified from Class B Trout to Class WS-V 
and B Trout, and Reasonover Creek [Index No. 6-38-14-(4)] 
from Reasonover Lake Dam to Lake Julia Dam and all 
tributaries were reclassified from Class C Trout to Class WS-V 
Trout. 

(i) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective July 1, 1995 with the reclassification of Cane Creek 
[Index Nos. 6-57-(l) and 6-57-(9)] from its source to the 
French Broad River from Classes WS-IV and WS-IV Tr to 
Classes WS-V, WS-V Tr and WS-IV. 

(j) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective November 1, 1995 as follows: Nonh Toe River 
[Index Numbers 7-2-(0.5) and 7-2-(37.5)] from source to a 
point 0.2 miles downstream of Banjo Branch, including 
tributaries, has been reclassified from Class WS-III, WS-III 
Trout and WS-III Trout CA (critical area) to Class WS-IV 
Trout, WS-IV, WS-IV Trout CA, and C Trout. 

(k) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective January 1, 1996 as follows: Stokely Hollow [Index 
Niunbers 6-121. 5-(l) and 6-121. 5-(2)] from source to mouth of 
French Broad River has been reclassified from Class WS-II and 
Class WS-II CA to Class C. 

(1) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended April 
1, 1996 with the reclassification of the French Broad River 
[Index No. 6-(l)] from a point 0.5 miles downstream of Little 
River to Mill Pond Creek to Class WS-IV; French Broad River 
[Index No. 6-(51.5)] from a point 0.6 miles upstream of Mills 
River to Mills River to Class WS-IV CA (Critical Area), from 



Mills River to a point 0.1 miles upstream of Boring Mill 
Branch to Class C; and the Mills River [Index No. 6-54-(5)] 
was reclassified from City of Hendersonville water supply 
intake to a point 0.7 miles upstream of mouth of Mills River to 
Class WS-III, and from a point 0.7 miles upstream of mouth of 
Mills River to French Broad River to Class WS-III CA (Critical 
Area). 

(m) The Schedule of Classifications and Water Quality 
Standards for the French Broad River Basin was amended 
effective August L, 1998 with the revision to the primary 
classification for portions of the French Broad River [Index No. 
6-(38.5)l and the North Toe River 7-2-(10.5) from Class IV to 
Class C. 

Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). 

.0306 BROAD RIVER BASIN 

(a) Places whe r e the schedul e s may be inspec t ed: The 
schedule may be inspected at the following places: 

(1) Clerk of Court: 
Buncombe County 
Cleveland County 
Gaston County 
Henderson County 
Lincoln County 
McDowell County 
Polk County 
Rutherford County 

(2) North Carolina Department of Environment, Health, 
and Natural Resources: 

(A) Mooresville Regional Office 
919 North Main Street 
Mooresville, North Carolina 

(B) Asheville Regional Office 
Interchange Building 

59 Woodfin Place 

Asheville, North Carolina Carolina. 

(b) Unnamed Streams. Such streams entering South 
Carolina are classified '^^^ "C." 

(c) The Broad River Basin Schedule of Classifications and 
Water Quality Standards was amended effective: 

(1) March 1, 1977; 

(2) February 12, 1979; 

(3) August 12, 1979; 

(4) April 1, 1983; 

(5) February 1, 1986; 

(6) August 3, 1992; 

(7) September 1 , i994T 
18} August 1. 1998. 

(d) 



1994; 



The Schedule of Classifications and Water Quality 
Standards for the Broad River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I, WS-II or 
WS-III). These waters were reclassified to WS-I, WS-II, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) 
which became effective on August 3, 1992. In some cases. 



10 



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12:1 



PROPOSED RULES 



streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of 
a water supply intake or identified as not being used for water 
supply purposes. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Broad River Basin was amended effective 
September 1, 1994 with the reclassification of the Second Broad 
River [Index No. 9^1 -(0.5)] from its source to Roberson Creek 
including associated tributaries was reclassified from Class WS- 
V to Classes WS-V, WS-IV and WS-IV CA. 

£jQ The Schedule of Classifications and Water Quality 
Standards for the Broad River Basin was amended effective 
August l^ 1998 with the revision to the primary classification 
for portions of the Broad River [Index No. 9-(23.5)] from Class 
WS-IV to Class C and Second Broad River [Index Nos. 9-41- 
(10.5) and 9^1-(14.5)1 and First Broad River (Index No. 9-50- 
(1 1)1 from Class WS-IV to Class WS-V. 

Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). 

.0307 NEW RIVER BASIN 

(a) Places where t he sch e dules may b e inspected: The 
schedule may be inspected at the following places: 

(1) Clerk of Court: 
Alleghany County 
Ashe County 
Watauga County 

(2) North Carolina Department of Environment, Health, 
and Natural Resources: 

(A) Asheville Regional Office 
Interchange Building 

59 Woodfin Place 
Asheville, North Carolina 

(B) Winston-Salem Regional Office 

8025 North Point Boulevard, Suite 100 
Winston-Salem, North Car o lina Carolina. 

(b) Uimamed Streams. Such streams entering the State of 
Teimessee are classified ^^€^ "C." 

(c) The New River Basin Schedule of Classifications and 
Water Quality Standards was amended effective: 

(1) August 10, 1980; 

(2) April 1, 1983; 

(3) February 1, 1986; 

(4) August 1, 1989; 

(5) August 1, 1990; 

(6) August 3, 1992; 

(7) February 1 ,^99^ 1993; 
£8} August 1. 1998. 

(d) The Schedule of Classifications and Water Quality 
Standards for the New River Basin was amended effective July 
1, 1989 as follows: 

(1) South Fork New River [Index No. 10-l-(30)] from 
Dog Creek to New River and all tributary waters 
were reclassified from Class C-trout and Class C to 



Class B-trout and B. 

(e) The Schedule of Classifications and Water Quality 
Standards for the New River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-1, WS-II or 
WS-III). These waters were reclassified to WS-I, WS-Il, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) 
which became effective on August 3, 1992. In some cases, 
streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified firom a WS classification to an alternate appropriate 
primary classification after being identified as downstream of 
a water supply intake or identified as not being used for water 
supply purposes. 

(0 The Schedule of Classifications and Water Quality 
Standards for the New River Basin has been amended effective 
February 1, 1993 as follows: 

(1) the South Fork New River (Index No. 10-1-33.5) 
from Dog Creek to the New River was reclassified 
from Class B HQW to Class B ORW; 

(2) the New River (Index No. 10) from the confluence of 
the North And South Fork New Rivers to the last 
point at which it crosses the NC/VA State line was 
reclassified from Class C HQW to Class C ORW; 
and 

(3) Old Field Creek (Index No. 10-1-22) from Call 
Creek to the South Fork New River, and Call Creek 
(Index No. 10-1-22-1) from its source to Old Field 
Creek were reclassified from Class WS-IV Trout to 
Class WS-IV Trout ORW. 

( g) The Schedule of Classifications and Water Quality 
Standards for the New River Basin was amended effective 
Au gust i^ 1998 with the revision to the primary classification 
for a portion of the South Fork New River [Index No. 10-1- 
(20.5)1 from Class IV to Class V. 

Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). 

.0308 CATAWBA RIVER BASIN 

(a) The schedule may be inspected at the following places: 

(1) Clerk of Court: 
Alexander County 
Avery County 
Burke County 
Caldwell County 
Catawba County 
Gaston County 
Iredell County 
Lincoln County 
McDowell County 
Mecklenburg County 
Union County 
Watauga County 

(2) North Carolina Department of Environment, Health, 
and Natural Resources: 



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July 1, 1997 



11 



PROPOSED RULES 



(A) Mooresville Regional Office 
919 Nonh Main Street 
Mooresville, North Carolina 

(B) Asheville Regional Office 
Interchange Building 

59 Woodfin Place 
Asheville, North Carolina. 

(b) Unnamed Streams. Such streams entering South Carolina 
are classified '^^i^ "C." 

(c) The Catawba River Basin Schedule of Classifications and 
Water Quality Standards was amended effective: 

(1) March 1, 1977; 

(2) August 12, 1979: 

(3) April 1. 1982: 

(4) January 1, 1985: 

(5) August 1, 1985; 

(6) February 1, 1986; 

(7) March 1, 1989; 

(8) May 1, 1989; 

(9) March 1, 1990; 

(10) August 1, 1990; 

(11) Augusts, 1992; 

(12) April 1. 1994; 

(13) July 1, 1995; 

(14) September 1 , W^ 1996; 

(15) August 1. 1998. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
March 1, 1989 as follows: 

(1) Wilson Creek (fadex No. 1 1-38-34) and all tributary 
waters were reclassified from Class B-trout and Class 
C-trout to Class B-trout ORW and Class C-trout 
ORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
May 1, 1989 as follows: 

(1) Henry Fork [Index Nos. 11-129-1-(1) and 
1 l-129-l-(2)] from source to Laurel Creek, including 
all tributaries, were reclassified from Class WS-I, C 
and C trout to Class WS-I ORW, C ORW and C 
trout ORW, except Ivy Creek and Rock Creek which 
will remain Class C trout and Class C. 

(2) Jacob Fork [Index Nos. ll-129-2-(l) and 
1 1-129-2-(4)] from source to Camp Creek, including 
all tributaries, were reclassified from Class WS-III 
trout and WS-III to WS-III trout ORW and WS-III 
ORW. 

(f) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
March 1, 1990 as follows: 

(1) Upper Creek [Index No. 1 l-35-2-(l)] from source to 
Timbered Branch including all tributaries except 
Timbered Branch (Index No. 11-35-2-9) was 
reclassified from Class C Trout to Class C Trout 
ORW. 

(2) Steels Creek [Index No. 11-35-2-12(1)] from source 
to Little Fork and all tributaries was reclassified from 



Class C Trout to Class C Trout ORW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I, WS-II or 
WS-III). These waters were reclassified to WS-I, WS-II, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 28 .0100, .0200 and .0300) 
which became effective on August 3, 1992. In some cases, 
streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of 
a water supply intake or identified as not being used for water 
supply purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
April 1, 1994 as follows: 

(1) Friday Lake (Index No. 1 1-125.5) from its source to 
Little Paw Creek was reclassified from Class C to 
Class B. 

(2) The Linville River [Index No. 12-29-(l)] from 
Grandmother Creek to Linville Falls was reclassified 
from Class C Tr to Class B Tr. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
July 1, 1995 with the reclassification of Clark Creek from a 
point 0.6 mile downstream of Catawba County SR 2014 to 0.4 
mile upstream of Larkard Creek [Index No. ll-129-5-(4.5)], 
and Howards Creek from its source to 0.7 mile upstream of 
Lincoln County State Road 1200 [Index No. 11-129-4], 
including associated tributaries from Class WS-IV to Classes C 
and WS-IV. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
September 1, 1996 as follows: 

(1) North Fork Catawba River [Index No. ll-24-(l)] 
from Laurel Branch to Armstrong Creek from Class 
C Tr to Class B Tr; and 

(2) Catawba River (Lake Hickory) from Rhodhiss dam 
to highway 321 {Index [Index No. 11 -(51)] from 
Class WS-IVCA to Class WS-IV&B CA. 

(k) The Schedule of Classifications and Water Quality 
Standards for the Catawba River Basin was amended effective 
August i^ 1998 with the revision to the primary classification 
for portions of the South Fork Catawba River llndex No. 1 1- 
129-(0.5)1 and Hovle Creek [Index No. ll-129-15-(ni from 
Class WS-IV to Class WS-V. 

Authority G.S. 143-214. 1; 143-215.1; 143-215. 3(a)(1). 

.0309 YADKIN-PEE DEE RIVER BASIN 

(a) Places whe r e t he schedule may be ins pe cted: The 
schedule may be inspected at the following places: 
(1) Clerk of Court: 
Alexander County 



12 



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July 1, 1997 



12:1 



PROPOSED RULES 



Anson County 
Cabarrus County 
Caldwell County 
Davidson County 
Davie County 
Forsyth County 
Guilford County 
Iredell County 
Mecklenburg County 
Montgomery County 
Randolph County 
Richmond County 
Rowan County 
Stanly County 
Stokes County 
Surry County 
Union County 
Watauga County 
Wilkes County 
Yadkin County 
(2) North Carolina Department of Environment, Health, 
and Natural Resources: 

(A) Mooresville Regional Office 
919 North Main Street 
Mooresville, North Carolina 

(B) Winston-Salem Regional Office 

8025 North Point Boulevard, Suite 100 
Winston-Salem, North Carolina 

(C) Fayetteville Regional Office 
Wachovia Building 

Suite 714 

Fayetteville, North Carolina 

(D) Asheville Regional Office 
Interchange Building 

59 Woodfin Place 

Asheville, North Car o lina Carolina. 

(b) Unnamed Streams. Such streams entering Virginia are 
classified "C," and such streams entering South Carolina are 
classified -"^ "C." 

(c) The Yadkin-Pee Dee River Basin Schedule of 
Classifications and Water Quality Standards was amended 
effective: 

(1) February 12, 1979; 

(2) March 1, 1983; 

(3) August 1, 1985; 

(4) February 1, 1986; 

(5) October 1, 1988; 

(6) March 1, 1989; 

(7) January 1, 1990; 

(8) August 1, 1990; 

(9) January 1, 1992; 

(10) April 1, 1992; 

(11) August 3, 1992; 

(12) December 1, 1992; 

(13) April 1, 1993; 

(14) September 1, 1994; 

(15) August l.i995T 1995; 



(16) Au gust 1. 1998. 

(d) The Schedule of Classifications and Water Quality 
Standard for the Yadkin-Pee Dee River Basin has been amended 
effective October 1, 1988 as follows: 

(1) Mitchell River [hidex No. 12-62-(l)] from source to 
mouth of Christian Creek (North Fork Mitchell 
River) including all tributaries has been reclassified 
from Class B Tr to Class B Tr ORW. 

(2) Mitchell River [hidex No. 12-62-(7)] from mouth of 
Christian Creek (North Fork Mitchell River) to Surry 
County SR 1315 including all tributaries has been 
classified from Class C Tr to C Tr ORW, except 
Christian Creek and Robertson Creek which will be 
reclassified from Class B Tr to Class B Tr ORW. 

(3) Mitchell River [Index No. 12-62-(12)] from Surry 
County SR 1315 to mouth of South Fork Mitchell 
River including all tributaries from Class C to Class 
CORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River Basin was amended 
effective March 1, 1989 as follows: 

(1) Elk Creek [Index Nos. 12-24-(l) and 12-24-(10)] and 

all tributary waters were reclassified from Class 

B-trout, Class C-trout and Class B to Class B-trout 

ORW, Class C-trout ORW and Class B ORW. 

(0 The Schedule of Classifications and Water Quality 

Standards for the Yadkin-Pee Dee River Basin was amended 

effective January 1, 1990 as follows: Barnes Creek (Index No. 

13-2-18) was reclassified from Class C to Class C ORW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River Basin has been 
amended effective January 1, 1992 as follows: 

(1) Little River [Index Nos. 13-25-(10) and 13-25-(19)] 
from Suggs Creek to Densons Creek has been 
reclassified from Classes WS-III and C to Classes 
WS-111 HQW and C HQW. 

(2) Densons Creek [Index No. 13-25-20-(l)] from its 
source to Troy's Water Supply Intake including all 
tributaries has been reclassified from Class WS-lII to 
Class WS-Ill HQW. 

(3) Bridgers Creek (Index No. 13-25-24) from its source 
to the Little River has been reclassified from Class C 
to Class C HQW. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River Basin was amended 
effective April 1, 1992 with the reclassification of the North 
Prong South Fork Mitchell River from Class C to Class C 
Trout. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-1, WS-II or 
WS-III). These waters were reclassified to WS-1, WS-II, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) 
which became effective on August 3, 1992. In some cases, 
streams with primary classifications other than WS were 



12:1 



NORTH CAROLINA REGISTER 



July 1, 1997 



13 



PROPOSED RULES 



reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of 
a water supply intake or identified as not being used for water 
supply purposes. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River Basin has been 
amended effective December 1, 1992 as follows: 

(1) Pike Creek (Index No. 12-46-1-2) was reclassified 
from Class C Tr to Class C Tr HQW; 

(2) Basin Creek (Index No. 12-46-2-2) was reclassified 
from Class C Tr to Class C Tr ORW; 

(3) Bullhead Creek (Index No. 12-46-4-2) was 
reclassified from Class C Tr to Class C Tr ORW; 

(4) Rich Mountain Creek (Index No. 12-46-4-2-2) was 
reclassified from Class Tr to Class C Tr ORW; and 

(5) Widows Creek (Index No. 12-46-4-4) was 
reclassified from Class C Tr HQW to Class C Tr 
ORW. 

(k) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River Basin has been 
amended effective September 1, 1994 as follows: 

(1) Lanes Creek [Index Nos. 13-17-40-(l) and 13-17-40- 
(10.5)] from its source to the Marshville water 
supply dam including tributaries was reclassified 
from Classes WS-II and WS-II CA to Class WS-V. 

(2) The South Yadkin River [Index Nos. 12-108-(9.7) 
and 12-108-(15.5)] from Iredell County SR 1892 to 
a point 0.7 mile upstream of the mouth of Hunting 
Creek including associated tributaries was 
reclassified from Classes WS-V, C and WS-IV to 
Classes WS-V, WS-IV, C and WS-IV CA. 

(3) The Yadkin River [Index Nos. 12-(53) and 12-(71)] 
from a point 0.3 mile upstream of the mouth of Elkin 
Creek (River) to the Town of King water supply 
intake including associated tributaries was 
reclassified from Classes C and WS-IV to Classes 
WS-IV and WS-IV CA. 

(4) The Yadkin River [Index Nos. 12-(80.5), 12-(81.5) 
and 12-(84.5)] from the Town of King water supply 
intake to the Davie County water supply intake 
reclassified from Classes C, B, WS-IV and WS-V to 
Classes WS-IV, WS-IV&B and WS-IV CA. 

(1) The Schedule of Classifications and Water Quality 
Standards for the Yadkin-Pee Dee River Basin has been 
amended effective August 1, 1995 as follows: Bear Creek 
[Index Nos. 12-108-18-(3), 12-108-18-(3.3)], Little Bear Creek 
(Index No. 12-108-18-2), and Blue Branch (Index No. 12-108- 
18-2-1) were reclassified from WS-II and WS-II CA (Critical 
Area) to C and WS-IV. 

(m) The Schedule of Classifications and Water Quality 
Standards for the Yadkin Pee Dee River Basin was amended 
effective August J^ 1998 with the revision to the primary 
classification for ponions of the Yadkin River [Index No. 12- 
(45)1 from Class WS-IV to WS-V. Yadkin River [Index No. 
12-(67.5)) from Class WS-IV to Class C. Yadkin River [Index 



Nos. 12-(93.5) and 12-(98.5)] fi-om Class WS-IV to Class V. 
South Yadkin River llndex No. 12-108-(12.5)1 from Class IV 
to Class WS-V. and South Yadkin River llndex Nos. 12-108- 
(19.5) and 12-108-(22)1 from Class IV to Class C. 

Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). 

.0311 CAPE FEAR RIVER BASES! 

(a) Places where t he schedules may be inspected: The 
schedule may be inspected at the following places: 

(1) Clerk of Court: 
Alamance County 
Bladen County 
Brunswick County 
Caswell County 
Chatham County 
Columbus County 
Cumberland County 
Duplin County 
Durham County 
Forsyth County 
Guilford County 
Harnett County 
Hoke County 

Lee County 
Montgomery County 
Moore County 
New Hanover County 
Onslow County 
Orange County 
Pender County 
Randolph County 
Rockingham County 
Sampson County 
Wake County 
Wayne County 

(2) North Carolina Department of Environment, Health, 
and Natural Resources: 

(A) Winston-Salem Regional Office 

8025 North Point Boulevard, Suite 100 
Winston-Salem, North Carolina 

(B) Fayetteville Regional Office 
Wachovia Building 

Suite 714 

Fayetteville, North Carolina 

(C) Raleigh Regional Office 
3800 Barrett Drive 
Raleigh, North Carolina 

(D) Washington Regional Office 
1424 Carolina Avenue 
Washington, North Carolina 

(E) Wilmington Regional Office 
127 Cardinal Drive Extension 
Wilmington, North Car o lina Carolina. 

(b) The Cape Fear River Basin Schedule of Classification 
and Water Quality Standards was amended effective: 

(1) March 1, 1977; 



14 



NORTH CAROLINA REGISTER 



July 1, 1997 



12:1 



PROPOSED RULES 






(2) December 13, 1979; 

(3) December 14, 1980; 

(4) August 9, 1981; 

(5) April 1, 1982; 

(6) December 1, 1983; 

(7) January 1, 1985; 

(8) August 1, 1985; 

(9) December 1, 1985; 

(10) February 1, 1986; 

(11) July 1, 1987; 

(12) October 1, 1987; 

(13) March 1, 1988; 

(14) June 1, 1988; 

(15) July 1, 1988; 

(16) January 1, 1990; 

(17) August 1, 1990; 

(18) August 3, 1992; 

(19) September 1 , +994t 19941 

(20) August 1. 1998. 

(c) The Schedule of Classifications and Water Quality 
Standards for the Cape Fear River Basin has been amended 
effective June 1, 1988 as follows: 

(1) Cane Creek [Index No. 16-21-(1)] from source to a 
point 0.5 mile north of N.C. Hwy. 54 (Cane 
Reservoir Dam) including the Cane Creek Reservoir 
and all tributaries has been reclassified from Class 
WS-III to WS-1. 

(2) Morgan Creek [Index No. 16-41-1-(1)] to the 
University Lake dam including University Lake and 
all tributaries has been reclassified from Class WS-llI 
to WS-I. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Cape Fear River Basin has been amended 
effective July 1, 1988 by the reclassification of Crane Creek 
(Crains Creek) [Index No. 18-23-16-(l)] from source to mouth 
of Beaver Creek including all tributaries from C to WS-III. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Cape Fear River Basin has been amended 
effective January 1, 1990 as follows: 

(1) Intracoastal Waterway (Index No. 18-87) from 
southern edge of White Oak River Basin to western 
end of Permuda Island (a line from Morris Landing 
to Atlantic Ocean), from the eastern mouth of Old 
Topsail Creek to the southwestern shore of Howe 
Creek and from the southwest mouth of Shinn Creek 
to channel marker No. 153 including all tributaries 
except the King Creek Restricted Area, Hardison 
Creek, Old Topsail Creek, Mill Creek, Futch Creek 
and Pages Creek were reclassified from Class SA to 
Class SA ORW. 

(2) Topsail Sound and Middle Sound ORW Area which 
includes all waters between the Barrier Islands and 
the Intracoastal Waterway located between a line 
running from the western most shore of Mason Inlet 
to the southwestern shore of Howe Creek and a line 
running from the western shore of New Topsail Inlet 
to the eastern mouth of Old Topsail Creek was 



reclassified from Class SA to Class SA ORW. 

(3) Masonboro Sound ORW Area which includes all 

waters between the Barrier Islands and the mainland 

from a line running from the southwest mouth of 

Shinn Creek at the Intracoastal Waterway to the 

southern shore of Masonboro Inlet and a line running 

from the Intracoastal Waterway Channel marker No. 

153 to the southside of the Carolina Beach Inlet was 

reclassified from Class SA to Class SA ORW. 

(0 The Schedule of Classifications and Water Quality 

Standards for the Cape Fear River Basin has been amended 

effective January 1, 1990 as follows: Big Alamance Creek 

[Index No. 16-19-(1)] from source to Lake Mackintosh Dam 

including all tributaries has been reclassified from Class WS-III 

NSW to Class WS-II NSW. 

(g) The Schedule of Classifications and Water Quality 
Standards for the Cape Fear River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-I, WS-II or 
WS-III). These waters were reclassified to WS-I, WS-II, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) 
which became effective on August 3, 1992. In some cases, 
streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of 
a water supply intake or identified as not being used for water 
supply purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Cape Fear River Basin was amended effective 
June 1, 1994 as follows: 

(1) The Black River from its source to the Cape Fear 
River [Index Nos. 18-68-(0.5), 18-68-(3.5) and 18- 
65-(11.5)] was reclassified from Classes C Sw and C 
Sw HQW to Class C Sw ORW. 

(2) The South River from Big Swamp to the Black River 
[Index Nos. 18-68-12-(0.5) and 18-68-12(11.5)] was 
reclassified from Classes C Sw ana C Sw HQW to 
Class C Sw ORW. 

(3) Six Rims Creek from Quewhiffle Swamp to the Black 
River [Index No. 18-68-2] was reclassified from 
Class C Sw to Class C Sw ORW. 

(i) The Schedule of Classifications and Water Quality 
Standards for the Cape Fear River Basin was amended effective 
September 1, 1994 with the reclassification of the Deep River 
[Index No. 17-(36.5)] from the Town of Gulf-Goldston water 
supply intake to US highway 421 including associated 
tributaries from Class C to Classes C, WS-IV and WS-IV CA. 

ijj The Schedule of Classifications and Water Quality 
Standards for the Cape Fear River Basin was amended effective 
August L, 1998 with the revision to the primary classification 
for portions of the Deep River flndex No. 17-(28.5)] from 
Class IV to Class WS-V. Deep River [Index No. 17-(4 1.5)1 
from Class IV to Class C. and the Cape Fear River [Index 18- 
nO.5)] from Class IV to Class WS-V. 



12:1 



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July 1, 1997 



15 



PROPOSED RULES 



Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). 

.0313 ROANOKE RIVER BASEM 

(a) Places whtre the sch e dules may be ins p ec t ed : The 
schedule may be inspected at the following places: 

(1) Clerk of Coun: 
Bertie County 
Caswell County 
Forsyth County 
Granville County 
Guilford County 
Halifax County 
Martin County 
Northampton County 
Person County 
Rockingham County 
Stokes County 
Surry County 
Vance County 
Warren County 
Washington County 

(2) North Carolina Department of Environment, Health, 
and Natural Resources: 

(A) Raleigh Regional Office 
3800 Barrett Drive 
Raleigh, Nonh Carolina 

(B) Washington Regional Office 
1424 Carolina Avenue 
Washington, North Carolina 

(C) Winston-Salem Regional Office 

8025 North Point Boulevard, Suite 100 
Winston-Salem, North Car o lina Carolina. 

(b) Unnamed Streams. Such streams entering Virginia are 
classified "C." Except that all backwaters of John H. Kerr 
Reservoir and the North Carolina portion of streams tributary 
thereto not otherwise named or described shall carry the 
classification "B," and all backwaters of Lake Gaston and the 
North Carolina portion of streams tributary thereto not 
otherwise named or described shall carry the classification "C 
andB^B." 

(c) The Roanoke River Basin Schedule of Classification and 
Water Quality Standards was amended effective: 

(1) May 18, 1977; 

(2) July 9, 1978; 

(3) July 18, 1979; 

(4) July 13, 1980; 

(5) March 1, 1983; 

(6) August 1, 1985; 

(7) February 1, 1986; 

(8) July 1, 1991; 

(9) August 3. i99?T 1992; 
(10) August 1. 1998. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Roanoke River Basin was amended effective 
July 1, 1991 with the reclassification of Hyco Lake (Index No. 
22-58) from Class C to Class B. 

(e) The Schedule of Classifications and Water Quality 



Standards for the Roanoke River Basin was amended effective 
August 3, 1992 with the reclassification of all water supply 
waters (waters with a primary classification of WS-L WS-II or 
WS-III). These waters were reclassified to WS-I, WS-H, WS- 
III, WS-IV or WS-V as defined in the revised water supply 
protection rules, (15A NCAC 2B .0100, .0200 and .0300) 
which became effective on August 3, 1992. In some cases, 
streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of 
a water supply intake or identified as not being used for water 
supply purposes. 

£fi The Schedule of Classifications and Water Quality 
Standards for the Roanoke River Basin was amended effective 
August i^ 1998 with the revision to the primary classification 
for portions of the Dan River f Index No. 22-(19.5)l and the 
Mayo River [Index No. 22-30-(l)] from Class WS-IV to Class 
WS-V. 



Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). 

.0316 TAR-PAMLICO RIVER BASES 

(a) The schedule may be inspected at the following places: 

(1) Clerk of Court: 
Beaufort County 
Dare County 
Edgecombe County 
Franklin County 
Granville County 
Halifax County 
Hyde County 
Martin County 
Nash County 
Pamlico County 
Person County 
Pitt County 
Vance County 
Warren County 
Washington County 
Wilson County 

(2) North Carolina Department of Environment, Health, 
and Natural Resources: 

(A) Raleigh Regional Office 
3800 Barrett Drive 
Raleigh, North Carolina 

(B) Washington Regional Office 
1424 Carolina Avenue 
Washington, North Carolina. 

(b) Unnamed Streams. All drainage canals not noted in the 
schedule are classified "C Sw," except the main drainage canals 
to Pamlico Sound and its bays which shall be classified "SC." 

(c) The Tar-PanJico River Basin Schedule of Classification 
and Water Quality Standards was amended effective: 

(1) March 1, 1977; 

(2) November 1, 1978; 



16 



NORTH CAROLINA REGISTER 



July I, 1997 



12:1 



PROPOSED RULES 



(3) June 8, 1980; 

(4) October 1, 1983; 

(5) June 1, 1984; 

(6) August 1, 1985; 

(7) February 1, 1986; 

(8) August 1, 1988; 

(9) January 1, 1990; 

(10) August 1, 1990; 

(11) August 3, 1992; 

(12) April 1, 1994; 

(13) January 1, 1996; 

(14) September 1, +99^7 1996: 

(15) August 1. 1998. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Tar- Pamlico River Basin has been amended 
effective August 1, 1988 as follows: 

(1) Tar River (Index No. 28-94) from a point 1.2 miles 
downstream of Broad Run to the upstream side of 
Tranters Creek from Class C to Class B. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin has been amended 
effective January 1, 1990 by the reclassification of Pamlico 
River and Pamlico Sound [Index No. 29-(27)J which includes 
all waters within a line beginning at Juniper Bay Point and 
running due south to Lat. 35° 18' 00", long. 76° 13' 20", 
thence due west to lat. 35° 18' 00", long 76° 20' 00", thence 
northwest to Shell Point and including Shell Bay, Swanquarter 
and Juniper Bays and their tributaries, but excluding the 
Blowout, Hydeland Canal, Juniper Canal and Quarter Canal 
were reclassified from Class SA and SC to SA ORW and SC 
ORW. 

(0 The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin has been amended 
effective January 1, 1990 by adding the supplemental 
classification NSW (Nutrient Sensitive Waters) to all waters in 
the basin fi^om source to a line across Pamlico River from Roos 
Point to Persimmon Tree Point. 

(g> The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin was amended 
effective August 3, 1992 with the reclassification of all water 
supply waters (waters with a primary classification of WS-I, 
WS-II or WS-III). These waters were reclassified to WS-I, 
WS-II, WS-III, WS-IV or WS-V as defmed in the revised water 
supply protection rules, (15A NCAC 2B .0100, .0200 and 
.0300) which became effective on August 3, 1992. In some 
cases, streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of 
a water supply intake or identified as not being used for water 
supply purposes. 

(h) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin was amended 
effective April 1, 1994 with the reclassification of Blounts 
Creek from Herring Run to Blounts Bay [Index No. 29-9-1 -(3)] 
from Class SC NSW to Class SB NSW. 



(i) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin was amended 
effective January 1, 1996 with the reclassification of Tranters 
Creek [Index Numbers 28-103- (4.5), 28-103- (13.5), 28-103- 
(14.5) and 28-103-(16.5)] from a point 1.5 miles upstream of 
Turkey Swamp to the City of Washington's former auxiliary 
water supply intake, including tributaries, from Class WS-IV 
Sw NSW and Class WS-IV CA Sw NSW to Class C Sw NSW. 

(j) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin was amended 
effective September 1, 1996 with the addition of Huddles Cut 
(previously unnamed in the schedule) classified as SC NSW 
with an Index No. of 29-25.5. 

(k) The Schedule of Classifications and Water Quality 
Standards for the Tar-Pamlico River Basin was amended 
effective August J^ 1998 with the revision to the primary 
classification for portions of the Tar River [Index Nos. 28-(l). 
28-(15.5). 28-(74), 28-(84)) from Class WS-IV to WS-V. 

Authority G.S. 143-214.1; 143-215.1; 143-21 5. 3(a)(1). 

.0317 PASQUOTANK RTVER BASIN 

(a) Places whe r e the s c h e dul e s may be ins p ec t ed: The 
schedule may be inspected at the following places: 

(1) Clerk of Court: 
Camden County 
Chowan County 
Currituck County 
Dare County 
Gates County 
Hyde County 
Pasquotank County 
Perquimans County 
Tyrrell County 
Washington County 

(2) North Carolina Department of Environment, Health, 
and Natural Resources 

Washington Regional Office 

1424 Carolina Avenue 

Washington, North Car o lina Carolina. 

(b) Unnamed Streams. All drainage canals not noted in the 
schedule are classified "C". 

(c) The Pasquotank River Basin Schedule of Classifications 
and Water Quality Standards was amended effective; 

(1) March 1, 1977; 

(2) May 18, 1977; 

(3) December 13, 1979; 

(4) January 1, 1985; 

(5) February 1, 1986; 

(6) January 1, 1990; 

(7) August 1, 1990; 

(8) August 3, +99*7 1992: 
£9} August 1. 1998. 

(d) The Schedule of Classifications and Water Quality 
Standards for the Pasquotank River Basin was amended 
effective January 1, 1990 by the reclassification of Alligator 
River [Index Nos. 30-16-(l) and 30-16-(7)] from source to 



12:1 



NORTH CAROLINA REGISTER 



July 1, 1997 



17 



PROPOSED RULES 



U.S. Hwy. 64 and all tributaries except Swindells Canal, 
Florida Canal, New Lake, Fairfield Canal, Carters Canal, 
Dunbar Canal and Intracoastal Waterway (Pungo River - 
Alligator River Canal) were reclassified from C Sw and SC Sw 
to C Sw ORW and SC Sw ORW. 

(e) The Schedule of Classifications and Water Quality 
Standards for the Pasquotank River Basin was amended 
effective August 1, 1990 as follows: 

( 1 ) Croatan Sound [Index No. 30-20-( 1 )] from a point of 
land on the southern side of mouth of Peter Mashoes 
Creek on Dare County mainland following a line 
eastward to Northwest Point on Roanoke Island and 
then from Northwest Point following a line west to 
Reeds Point on Dare County mainland was 
reclassified from Class SC to Class SB. 

(2) Croatan Sound [Index No. 30-20-(1.5)] from 
Northwest Point on Roanoke Island following a line 
west to Reeds Point on Dare County mainland to 
William B. Umstead Memorial Bridge was 
reclassified from Class SC to Class SA. 

(0 The Schedule of Classifications and Water Quality 
Standards for the Pasquotank River Basin was amended 
effective August 3, 1992 with the reclassification of all water 
supply waters (waters with a primary classification of WS-I, 
WS-II or WS-III). These waters were reclassified to WS-I, 
WS-II, WS-III, WS-rv or WS-V as defined in the revised water 
supply protection rules, (15A NCAC 2B .0100, .0200 and 
.0300) which became effective on August 3, 1992. In some 
cases, streams with primary classifications other than WS were 
reclassified to a WS classification due to their proximity and 
linkage to water supply waters. In other cases, waters were 
reclassified from a WS classification to an alternate appropriate 
primary classification after being identified as downstream of 
a water supply intake or identified as not being used for water 
supply purposes. 

( g) The Schedule of Classifications and Water Quality 
Standards for the Pasquotank River Basin was amended 
effective August J^ 1998 with the revision to Ae primary 
classification for a portion of the Pasquotank River flndex No. 
30-3-(1.7)1 from Class WS-IV to Class WS-V. 

Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). 

******************* 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Wildlife Resources Commission 
intends to amend rule cited as 15A NCAC 1 OF .0355. Notice 
of Rule-making Proceedings was published in the Register on 
April 1. 1997. 

Proposed Effective Date: July 1, 1998 

A Public Hearing will be conducted at 10:00 a.m. on July 18, 
1997 at the Archdale Building, Wildlife Conference Room, 512 
N. Salisbury Street, Raleigh, NC 27604. 



Reason for Proposed Action: 

congested area. 



To regulate boat speed in 



Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from July 1, 1997 through August 1, 1997. Such 
written comments must be delivered or mailed to NC Wildlife 
Resources Commission, 512 N. Salisbury Street, Raleigh, NC 
27604-1188. 

Fiscal Note: This Rule does not affect the expenditures or 
revermes of state or local government funds. This Rule does not 
have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 10 - Wn>DLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER lOF - MOTORBOATS 
AND WATER SAFETY 

SECTION .0300 - LOCAL WATER 
SAFETY REGULATIONS 

.0355 PERQUIMANS COUNTY 

(a) Regulated Areas. This Rule applies to the following 
waters: 

(1) Perquimans River: the canals of Holiday Island: 

(2) Perquimans River: within 50 yards of the Hertford 
City Boat Ramp; 

(3) Perquimans River: within 75 yards of the 
Perquimans River Bridge on U.S. 17 Business also 
known as the Hertford S-Shaped Bridge. Bridge: 

(4) Yeopim River: within 75 yards of the Albemarle 
Plantation Marina Piers. 

(b) Speed Limit. No person shall operate any motorboat or 
vessel at greater than no-wake speed within the regulated area 
described in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. The Board of 
Commissioners of Perquimans County is designated a suitable 
agency for placement and maintenance of markers 
implementing this Rule. 

Authority G.S. 75A-3; 75A-15. 



TITLE 16 - DEPARTMENT OF PUBLIC 
EDUCATION 

Editor's Note: The State Board of Education is exempt from 
certain provisions of Article 2A of the Administrative 
Procedures Act. For specific exemptions, see Chapter 716 of 
the 1995 (Reg. Sess., 1996) Session Laws of the NC General 
Assembly. 



18 



NORTH CAROLINA REGISTER 



July 1, 1997 



12:1 



PROPOSED RULES 



Notice is hereby given in accordance with G.S. 150B-21.2 
that the State Board of Education intends to amend rules 
cited as 16 NCAC 6C .0307. .0310; 6D .0103. .0301. .0303; 
adopt 6D .0305 - .0306; 6G .0304 - .0309 and repeal 6G 
.0401 - .0404. 

Proposed Effective Date: November 1, 1997 

A Public Hearing will be conducted at: 

16 NCAC 6C .0307 - 9:00 a.m. 

16 NCAC 6C .0310- 9:30 a.m. 

16 NCAC 6D .0103 - 10:00 a.m. 

16 NCAC 6D .0301 - 10:30 a.m. 

16 NCAC 6D .0303 -11:00 a.m. 

16 NCAC 6D .0305 - 11:30 a.m. 

16 NCAC 6D .0306 - 1:00p.m. 

16 NCAC 6G .0304 - 1:30p.m. 

16 NCAC 6G .0305 - 2:00p.m. 

16 NCAC 6G .0306 - 2:30p.m. 

16 NCAC 6G .0307 - 3:00p.m. 

16 NCAC 6G .0308 - 3:30p.m. 

16 NCAC 6G .0309 - 4:00p.m. 
16 NCAC 6G .0401 - 0404 - 4:30p.m. 
on July 16, 1997 at the Education Building. 301 N. Wilmington 
Street, Room 546. Raleigh, NC 27601-2825. 



16 NCAC 6G .0305 - Tlie rule describes the factors considered 

and the process used by which the State Board of Education 

measures student performance for individual schools. 

16 NCAC 6G .0306 - The rule describes the basis upon which 

the State Board of Education will determine if an individual 

school is low-performing. 

16 NCAC 6G .0307 - The rule describes the functions and 

working relationships with local school personnel of assistance 

teams designated by the State Board of Education. 

16 NCAC 6G .0308 - .0309 - These rules provide a process for 

employees who have been recommended for dismissal to 

challenge the proposed dismissal before a panel of the State 

Board of Education. 

16 NCAC 6G .0401 - .0404 - The statutory authority for the 

rules was repealed by the General Assembly in 1996. 

Comment Procedures: Any person wishing to present oral 
testimony relevant to the rules may register at the door before 
the hearing begins and present the hearing officer with a 
written copy of testimony. Written comments concerning these 
rules must be submitted by July 31, 1997 to: North Carolina 
State Board of Education, 301 N. Wilmington St., Raleigh, NC 
27601-2825: Attn: Harry E. Wilson, APA Coordinator. 
Written comments may also be submitted to the hearing officer 
by FAX at (919) 715-1307. 



Reason for Proposed Action: 

These Rules are directly related to the implementation of the 

School-Based Management and Accountability Act. Chapter 

716 of the 1995 (Reg. Sess., 1996) Session Laws, and the State 

Board of Education is acting under the authority granted by 

that act. 

16 NCAC 6C .0307 - The amendment eliminates state approval 

of locally developed courses for certificate renewal, so that 

local schools may more easily provide training to instructional 

staff. 

16 NCAC 6C .0310 - The amendment increases standards for 

entry into the teaching profession to increase student 

performance. 

16 NCAC 6D .0103 - The amendment increases standards 

graduation from high school by specifying the English courses 

required, designating a third science course, and adding 

computer proficiency. 

16 NCAC 6D .0301, .0303 - These amendments provides for 

waiving state testing requirements for limited English proficient 

students so that schools may obtain a more accurate measure 

of student performance. 

16 NCAC 6D .0305 - The nde provides requirements for the 

administration and use of state end-of-course tests so that 

schools will have a more effective way to measure student 

performance. 

16 NCAC 6D .0306 - The rule provides requirements for the 

ethical administration and use of state tests and identifies 

consequences of unethical practices. 

16 NCAC 6G .0304 - The rule provides the process for 

resolving disputes between local boards of education and 

individual schools that involve local school improvement plans. 



Fiscal Note: 16 NCAC 6G .0304, .0307 - .0309 These Rules 
affects the expenditure or distribution of State funds. These 
Rules do not affect the expenditures or revenues of local funds. 

Fiscal Note: 16 NCAC 6C .0307, .0310; 6D .0103, .0301, 

.0303, .0305 - .0306; 6G .0305 - .0306, .0401 - .0404 - These 
Rules do not affect the expenditures or revenues of state or 
local government funds. 

CHAPTER 6 - ELEMENTARY AND 
SECONDARY EDUCATION 

SUBCHAPTER 6C - PERSONNEL 

SECTION .0300 - CERTinCATION 

.0307 CERTinCATE RENEWAL 

(a) Certificates are valid for a period of five years from the 
effective date of issuance. Holders must renew their certificates 
within each five-year period. The Department applies renewal 
credit to the person's certificate field(s) and/or professional 
duties. 

(b) The Department bases renewal or reinstatement of a 
certificate on 15 units of renewal credit. A unit of credit is 
equal to one quarter hour or two-thirds of a semester hour of 
IHE credit, or one school year of teaching experience. The 
Department will not record less than one credit on a certificate. 
For their own employees, LEAs can approve staff development 
activities that carry less than one unit of credit. 

(c) Currently employed personnel shall maintain a 
professional growth plan in accordance with department 



12; 1 



NORTH CAROLINA REGISTER 



July I, 1997 



19 



PROPOSED RULES 



guidelines. These persons may obtain renewal credit for the 
following activities: 

(1) college or university credit activities; 

(2) teaching experience (one unit for every year); 

(3) local in-service courses or workshops which carry at 
least one unit of renewal credit and which meet the 
following criteria: 

(A) ten clock hours of direct training by the 
instructor will equal one unit of renewal 
credit; 

(B) content and instructional activities designed in 
a sequential manner to develop specified 
competencies of a specific population; 

(C) led by qualified instructional personnel and 
directly supervised by the sponsoring school 
unit; and 

(D) credit is granted on the basis of program 
completion and achievement of specified 
individual performance, which is determined 
by individual evaluation for specified 
competencies; 

(4) independent study of no more than five units of 
renewal credit per five-year renewal period which 
meets the following criteria: 

(A) teachers and other certified personnel help to 
develop local independent study procedures 
which the superintendent keeps on file and 
periodically sends to each certified employee; 
and 

(B) the employee and the superintendent or his or 
her designee plan the experience in advance, 
including identification of competencies to be 
acquired and an evaluation to determine 



satisfactory achievement of those 
competencies; 
(5) activities approved by the Department. 

(d) Each LEA and approved governing boards of schools are 
responsible for assuring that all local courses and workshops 
and independent study activities which do not carry IHE credit 
meet the standards contained in this Rule. 

(e) Agencies which the Department authorizes to administer 
renewal requirements locally shall adopt a procedure to 
determine the appropriateness of credit in advance of the 
renewal activity. In determining appropriateness the agency 
must consider direct relationship to critical job responsibilities, 
suitability of the content level and properly established credit 
for the activity. Each agency must report on participation in 
and effectiveness of renewal activities as the Department 
requests. 

(f) Persons who hold a North Carolina certificate but who 
are not currently employed in the public schools or by approved 
boards may earn renewal credit in college or university credit 
activities, or local courses and workshops or activities approved 
by the Department if they are admitted on a space available 
basis. The Department will determine the appropriateness of the 
credits on the basis of the direct relationship to the certificate 
field, the suitability of the content level and properly 
established credits for the activity. 

(g) Tli e D e pdiliULiU will approve in advance ac t ivi t ies which 
ai ' e no t established for cer t ifica t e r enewal by LEAs or which d o 
no t car r y r egular IIIE c r edi t , but which are offered for r e newal 
c r edit. 

Authority G.S. 115C-12(9)a.; N.C. Constitution, Article IX, 
Sec. 5. 



.0310 STANDARD EXAMINATIONS 

(a) The NTE are the standard examinations required for initial ce rt ifica t ion, licensure. The Educational Testing Service is 
replacing many of the NTE tests with a new series of assessments called PRAXIS. P er s o ns may voluntarily t ak e t he PRAXIS t ests 
bef or e July 1. 1 99 5, at s t a t e e x pe ns e and use th o se sc ore s f o r cer t ification. The PRAXIS tests are required for persons who take 
tests after July 1, 1995. Persons who are completing teacher education pro gram requirements during the period of July 1. 1997 
through June 30. 1998 in the areas of art (K-12). elementary education. French (K-12) and music (K-12) must take the PRAXIS 
tests. If the person does not achieve passing scores on the PRAXIS tests, the person may take the specialty area test listed in 
Subparagraph (3) of this Paragraph (a). The person must achieve the passing score indicated for the specialty area test listed in 
subdivision (3) to qualif\' for a license. Persons who took the NTE speciality area tests and completed an out-of-state teacher 
education program prior to July 1. 1996. and who met the minimum specialty area test score in effect for North Carolina when the 
person took the test, shall satisfs' the requirements of this Rule. 

(1) For formal admission into an approved teacher education program, a person must score at leas t 646 on the 
Communica t ion Skills Tes t and 645 on th e Gen e ral Knowledge Tes t . Thes e r equi re ments apply t o p ersons wh o have n o t 
passed these t ests by January 1. 1 99 0. These re quir e m e n t s do no t apply t o persons whose special t y area is scho o l s o cial 
w or k, sch o ol counseling o r scho o l p sych o logy, submit passing scores on tlie PRAXIS I tests. The PRAXIS I tests are 
given as pencil-and paper (PPST) or as computer-based (CBT). Passing scores for those tests are: 

(A) Reading: 176 PPST; 323 CBT 

(B) Writing: 173 PPST; 319 CBT 

(C) Mathematics: 173 PPST; 318 CBT 

(2) All Applicants for initial c e rtifica t ion licensure must score at least 649 on the Professional Knowledge Test. 

(3) Effective July 1, 1994, in addition to the Professional Knowledge Test, each applicant for initial certifica t ion licensure 
must meet minimum teaching area scores as follows: 

Specialty Area 



20 



NORTH CAROLINA REGISTER 



July I, 1997 



12:1 



PROPOSED RULES 



(A) Agriculture 

(B) Art Education 530 

(C) Audiolog 590 

(©) Bi o l o gy 540 

fE) Biology aiid General Science 5?0 

tF) {DjBusiness Education 580 

te) Chemis tr y 490 

fffi — Chemis tr y, Physics and General Science 550 

(i) lElEarly Childhood Education 530 

(J) £FjEarth/Space Science 530 

(K) £GiEducation in the Elementary School 540 

ft) (iOEducation of the Mentally Retarded 580 

(M) {JQEducational Leadership: Administration and Supervision 590 

(N^ English Language and Li t e r a t u r e 520 

(O) English Language and Literature (Middle G r ades Language Arts) 460 

(P) (JQFrench 540 

(^ £K}German 540 

(ft) a=aHealth Education 640 

(S) (M) Home Economics Education 540 

fF) (Ollntroduction to the Teaching of Reading 540 

tV) £P}Library Media Specialist 610 

fW) £Q}Marketing Education 690 

t?€) Mathema t i c s 540 

(¥) £R}Mathematics (Middle Grades Mathematics) 530 

(2) (SjMusic Education 550 

(AA) Physical Educa t i o n 5?0 

(SB) GQPhysics 510 

(€€) (U)Reading Specialist 570 

(BB) (V)School Guidance and Counseling 570 

fEE) (W)School Psychologist 620 

(FF) S o cial S t udies 540 

tee) Social S t udies (Middle G r ad e s S o cial S t udies) 500 

(HH) S p anish 520 

fH) £2QSpecial Education (Cross Categorical) 510 

tW (Y)Speech Communication 560 

fKK) rZ}Speech-Language Pathology 550 

(fcfc) (AA) Teaching Emotionally Disturbed Students 680 

(MM) (BBjTeaching English as a Second Language 520 

(NN) iCC}Teaching Hearing Impaired Students 650 

(ee) (DD) Teaching Learning Disabled Students 610 

(PP) £EElTeaching Visually Handicapped Students 550 

(4) If no teaching area score is possible under Paragraph (a)(3) of this Rule, the Professional Knowledge score satisfies the 
NTE requirement. 

(5) Based on the special namre of the preparation for cei l ification, a license. School Social Workers are excluded from NTE 
regulations and School Psychologists are required to take only the Area examination for school psychologists. 

(b) Ins te ad o f t h e NTE scores an applicant, exc ept a No r th Carolina a ppro v e d pro g r am g r adua t e a t t he Class A level, may be 
cer t ified o n t he basis of t h e G r aduate Record Exaininations with minimum scores of 380 o n th e V er bal Ability, 410 o n the 
Quan t ita t ive Ability, and 380 on the Analytical Abili t y examina t ions . 

(c)£b} PRAXIS scores consist of two or more modules for each test area, the scores of which are added to yield a total score. 
The total required score for an area is based on the total of the validated study scores for each module within the test. However, 
the SBE uses a compensatory score model, by which a person may score two standard errors of measure (SEM) below the validated 
score on individual modules. In this case, the person must score higher than the validated score on another module to achieve the 
total required score. 

Total 
Compensatory Validated Required 

Score (-2 SEM) Score Score 

LQ Art (K-12) 



12:1 NORTH CAROLINA REGISTER July 1, 1997 21 



PROPOSED RULES 



(A) Art Making 

(B) Content. Traditions. Criticism 

(C) Content 
i^ OlBiology (9-12) 

(A) Content knowledge, part 1 

(B) Content essays 

(C) Pedagogy 
i¥j OiChemistry (9-12) 

(A) Chemistry: Content knowledge 

(B) Physical science: pedagogy 

(C) Chemistry: Content essays 
(4) Elementary Education 

(A) Curriculum Instruction & Assessment 

(B) Content Area 

(3) (SjEnglish Language, Literature and 
Composition (9-12) 

(A) Content knowledge 

(B) Essays 

(C) Pedagogy 
£6} French (K-12) 

(A) Productive Language Skills 

(B) Content Knowledge 
f4t lULanguage Arts (4-8) 

(A) Content knowledge 

(B) Pedagogy 

i5) £8}Mathematics(9-12) 

(A) Content knowledge 

(B) Pedagogy 
£9} Music (K-12) 

(A) Analysis 

(B) Concepts/Processes 

(C) Content 

(6) OOlPhysical Education (K-12) 

(A) Content knowledge 

(B) Movement forms, analysis and design 

(C) Pedagogy 
^ OUScience (6-8) 

(A) General science: content essays 

(B) Physical science: pedagogy 
m (12)Science(9-12) 

(A) General science: content essays 

(B) Physical science: pedagogy 
t9) (13)Social Sciences (6-8) 

(A) Content knowledge 

(B) Analytical essays 
tW) (14)Social Studies (9-12) 

(A) Content knowledge 

(B) Interpretation of materials 

(C) Analytical essays 
mi a5]Spanish(K-12) 

(A) Content knowledge 

(B) Productive Language Skills 



150 


165 


130 


155 


144 


159 


154 


167 


139 


154 


135 


154 


150 


167 


139 


154 


135 


155 


153 


176 


127 


143 


154 


165 


135 


155 


170. 


165 


159 


173 


137 


149 


152 


164 


135 


155 


133 


153 


135 


155 


131 


150 


135 


150 


136 


148 


155 


167 


144 


157 


None 


NA 


130 


155 


139 


156 


130 


155 


139 


156 


158 


169 


135 


150 


158 


169 


167 


180 


145 


160 


148 


159 


156 


171 



479 



475 



476 



310 



485 



322 



319 



308 



448 



324 



311 



311 



319 



509 



330 



Authority G.S. 115C-12(9)a.; N.C. Constitution, Article IX, Sec. 5. 
SUBCHAPTER 6D - EVSTRUCTION 



SECTION .0100 - CURRICULUM 



22 



NORTH CAROLINA REGISTER 



July I, 1997 



12:1 



PROPOSED RULES 



.0103 GRADUATION REQUIREMENTS 

(a) In order to graduate and receive a high school diploma, 
public school students must meet the requirements of paragraph 
(b) and attain passing scores on competency tests adopted by 
the SBE and administered by the LEA. Students who satisfy all 
state and local graduation requirements but who fail the 
competency tests will receive a certificate of attendance and 
transcript and shall be allowed by the LEA to participate in 
graduation exercises. 

( 1 ) LEAs score the competency tests separately 
according to passing scores or criterion levels 
approved by the SBE. 

(2) LEAs may change the form or content of the 
competency tests where necessary to allow special 
education students to participate, but these students 
must achieve a level of performance on each test 
equal to the passing scores or criteria levels. 

(3) Special education smdents may apply in writing to be 
exempted from taking the competency tests. Before 
it approves the request, the LEA must assure that the 
parents, or the child if aged 18 or older, understand 
that each student must pass the competency tests to 
receive a high school diploma. 

(4) Any student who has failed to pass the competency 
tests by the end of the last school month of the year 
in which the student's class graduates may receive 
additional remedial instruction and continue to take 
the competency tests during regularly scheduled 
testing until the student reaches maximum school 
age. 

(b) In addition to the requirements of Paragraph (a), students 
must successfully complete 20 course units in grades 9-12 as 
specified below: 

( 1 ) Effective with the class entering ninth grade for the 
1 99 2- 9 3 1997-98 school year, the 20 course units 
must include: 

(A) four units in English; English, which must be 
English 1. II. Ill, and IV: 
three imits in mathematics, one of which must 
be Algebra I; 

three units in social studies, one of which 
must be in government and economics, one in 
United States history and one in world studies; 
three units in science, one of which must be 
bi o l o gy and biology, one a physical science; 
science, and one earth/environmental science: 
one unit in physical education and health; and 
six units designated by the LEA, which may 
be undesignated electives or courses 
designated from the standard course of study. 

(2) LEAs may count successful completion of course 
work in the ninth grade at a school system which 
does not award course units in the ninth grade toward 
the requirements of this Rule. 

(3) LEAs may count successful completion of course 
work in grades 9-12 at a summer school session 
toward the requirements of this Rule. 



(B) 



(C) 



(D) 



(E) 
(F) 



(4) LEAs may count successful completion of course 

work in grades 9-12 at an off -campus institution 

toward the requirements of this Rule. No high school 

may approve enrollment in post-secondary 

institutions during the regular school year in excess 

of five percent of its enrollment in grades 10-12 

except as allowed by the SBE. 23 NCAC 2C .0301 

governs enrollment in community college 

institutions. 

(c) Effective with the class of 2001. all students must 

demonstrate specific computer proficiencies as a prerequisite 

for high school graduation. This assessment shall begin with all 

eighth graders during the 1996-97 school year. 

ftrXd) Effective with the class entering ninth grade for the 
1992-93 school year, special needs students as defined by G.S. 
115C-109, excluding academically gifted, s p eech-languag e 
iinpaii ' oi, o rthopcdically impaired, otlie r health im p aired, gifted 
and pregnant, who do not meet the requirements for a high 
school diploma will receive a graduation certificate and shall be 
allowed to participate in graduation exercises if they meet the 
following criteria: 

( 1 ) successful completion of 20 course units by general 
subject area (4 English, 3 math, 3 science, 3 social 
studies, 1 health and physical education, and 6 local 
electives) under paragraph (b). These students are not 
required to pass the specifically designated courses 
such as Algebra I, Biology or United States history, 

(2) completion of all lEP requirements. 

Authority G.S. 115C-12(9}c.; 115C-81(a); 115C-180; N.C. 
Constitution, Article IX, Sec. 5. 

SECTION .0300 - TESTING PROGRAMS 

.0301 TESTING REQUIREMENTS AND 
OPPORTUNITIES 

(a) All public school students enrolled in the grades for 
which the s t a t e board SBE adopts a test shall participate in the 
testing program, including every child with disabilities unless 
excluded from testing in the ffiP: lEP or because of designation 
as a limited English proficient student. 

(b) All public students enrolled in the 10th, 11th and 12th 
grade shall have at least one opportunity each school year to 
take the competency tests. LEAs shall administer the tests so 
that any student who does not pass the tests shall have an 
opportunity to receive remediation. 

(1) The department shall establish a passing score for 
each test. A student who attains a passing score on a 
test does not need to retake the test. 

(2) The LEA shall develop plans to provide remedial 
services to students who fail any of the tests, or who 
are identified as having a high risk of failing. The 
LEA shall design the plan to meet the needs of 
individual students. 

(c) LEAs may change the form or con t en t of tests ado p ted by 
t he SBE if nec e ssary to allow s p ecial education s t udents to 
p aitici p a t e in the testing pr ogram. 



12:1 



NORTH CAROLINA REGISTER 



July 1, 1997 



23 



PROPOSED RULES 



£5j 



(th (cj LEAs may exempt special education students from 
required testing programs upon written request of the parent or 
eligible student. 

Authority G.S. 115C-l2(9)c.. 

.0303 ACCOUNTABILITY COORDINATOR 

(a) The local superintendent designa t es a shall designate one 
or more persons to serve as testing coordinator and 
accountability coordinator to assist in the local adntinistrati o n 
administration, reporting, and interpretation of tests, tests and 
other accountability measures. 

(b) Coordinators must attend training sessions provided by 
the department on the subject of proper test administ r a t i o n. 
administration, scaiming and scoring answer sheets and (6) 
required processing of test materials. They must then conduct 
similar sessions within the LEA to provide this instruction to 
tecal school-based test administrators and proctors. 
Coordinators shall arrange for the scanning, scoring, and 
reporting of results from tests adopted by the SBE. 



Authority G.S. 115C-12(9)c.. 

.0305 END-OF-COURSE TESTS 

(a) The LEA shall include each student's end-of-course test 
results in the student's permanent records and high school 
transcript. 

(b) The LEA shall give each end-of-course test within a 110- 
minute period within the Fmal ten days of school. 

(c) LEAs shall use EOC test results as a part of the student's 
fmal grade. LEAs shall adopt policies regarding the use of EOC 
test results in assigning final grades. 

Authority G.S. ll5C-12(9)c.; 1 1 5C-81 (b)(4). 

.0306 TESTING CODE OF ETHICS 

£a) This Rule shall apply to all public school employees who 
are involved in the state testing program. 

(b) The superintendent or superintendent's designee shall 
develop local policies and procedures to ensure maximum test 
security in coordination with the policies and procedures 
developed by the test publisher. The principal shall ensure test 
security within the school building. 

(1) The principal shall store test materials in a secure, 
locked area. The principal shall allow test materials 
to be distributed immediately prior to the test 
administration. Before each test administration, the 
building level test coordinator shall accurately count 
and distribute test materials. Immediately after each 
test administration, the building level test coordinator 
shall collect, count, and return all test materials to 
the secure, locked storage area. 

(2) Access to test materials by school personnel means 
handling the materials but does not include reviewing 
tests or analyzing test items. The superintendent or 
superintendent's designee shall designate the 
personnel who are authorized to have access to test 



materials. 

Persons who have access to secure test materials shall 
not use those materials for personal gain. 
No person may copy, reproduce, or paraphrase in 
any maimer or for any reason the test materials 
without the express written consent of the test 
publisher. 

The superintendent or superintendent's designee shall 
instruct personnel who are responsible for the testing 
program in testing administration procedures. This 
instruction shall include test administrations that 
require procedural modifications and shall emphasize 
the need to follow the directions outlined by the test 
publisher. 

Any person who learns of any breach of security, 
loss of materials, failure to account for materials, or 
any other deviation from required security 
procediu"es shall immediately report that information 
to the principal, building level test coordinator, 
school system test coordinator, and state level test 
coordinator, 
(c) Preparation for testing . 

(1) The superintendent shall ensure that school system 
test coordinators: 

(A) secure necessary materials: 

(B) plan and implement training for building level 
test coordinators, test administrators, and 
proctors: 

(C) ensure that each building level test coordinator 
and test administrator is trained in the 
implementation of procedural modifications 
used during test administrations: and 

(D) in conjunction with pro gram administrators, 
ensure that the need for test modifications is 
documented and that modifications are limited 
to the specific need. 

(2) The principal shall ensure that building level test 
coordinators: 

(A) maintain test material security and 
accountability of test materials: 

(B) identify and train persormel. proctors, and 
backup persoimel for test administrations: and 

(C) encourage a positive atmosphere for testing. 

(3) Test administrators shall be school personnel who 
have professional training in education and the state 
testing program. 

£4} Teachers shall provide instruction that meets or 
exceeds the standard course of study to meet the 
needs of the specific students in the class. Teachers 
may help students improve test-taking skills by: 

(A) helping students become familiar with test 
formats using curricular content: 

(B) teaching students test-taking strategies and 
providing practice sessions: 

(C) helping students learn ways of preparing to 
take tests: and 

<D) using resource materials such as test questions 



24 



NORTH CAROLINA REGISTER 



July 1, 1997 



12:1 



PROPOSED RULES 



from test item banks, testlets and linking 
documents in instruction and test preparation. 

(d) Test administration. 

(1) The superintendent or superintendent's designee 
shall: 

(A) assure that each school establishes procedures 
to ensure that all test administrators comply 
with test publisher guidelines: 

(B) inform the local board of education of any 
breach of this code of ethics: and 

(C) inform building level administrators of their 
responsibilities. 

(2) The principal shall: 

(A) assure that school personnel know the content 
of state and local testing policies: 

(B) implement the school system's testing policies 
and procedures and establish any needed 
school policies and procedures to assure that 
all eli gible students are tested fairly: 

(C) assign trained proctors to test administrations: 
and 

(D) report all testing irregularities to the school 
system test coordinator. 

(3) Test administrators and proctors shall: 

(A) administer tests according to the directions in 
the administration manual and any subsequent 
updates developed by the test publisher: 

(B) administer tests to all eligible students: 

(O report all testing irregularities to the school 

system test coordinator: and 
£D} provide a positive test-taking climate. 
£4} Proctors shall serve as additional monitors to hel p the 
test administrator assure that testing occurs fairly. 

(e) Scoring. The school system test coordinator shall: 

(1) ensure that each test is scored according to the 
procedures and guidelines defined for the test by the 
test publisher: 

£2} maintain quality control during the entire scoring 
process, which consists of handling and editing 
documents, scanning answer documents, and 
producing electronic files and reports. Quality 
control shall address at a minimum accuracy and 
scoring consistency: 

(3) maintain securitv of tests and data files at all times, 
including: 

(A) protectmg the confidentiality of students at all 
times when publicizing test results: and 

(B) maintaining test security of answer keys and 
item-specific scoring rubrics. 

(f) Analysis and reporting. Educators shall use test scores 
a ppropriately . This means that the educator recognizes that a 
test score is only one piece of information and must be 
interpreted together with other scores and indicators. Test data 
help educators understand educational patterns and practices. 
The superintendent shall ensure that school personnel analyze 
and report test data ethically and within the limitations 
described in this Paragraph. 



(1) Educators shall release test scores to students, 
parents, le gal guardians, teachers, and the media 
with interpretive materials as needed. 

(2) Staff development relating to testing must enable 
personnel to respond knowledgeably to questions 
related to testing, including the tests, scores, scoring 
procedures, and other interpretive materials. 

(3) Items and associated materials on a secure test shall 
not be in the public domain. Only items that are 
within the public domain may be used for item 
analysis. 

(4) Educators shall maintain the confidentiality of 
individual students. Publicizing test scores that 
contain the names of individual students is unethical. 

(5) Data analysis of test scores for decision-making 
purposes shall be based upon: 

(A) dissagregation of data based upon student 
demographics and other collected variables: 

(B) examination of grading practices in relation to 
test scores: and 

(C) examination of growth trends and goal 
summary reports for state-mandated tests. 

( g) Unethical testing practices include, but are not limited 
to. the following practices: 

(1) encouraging students to be absent the day of testing: 

(2) encouraging students not to do their best because of 
the purpose of the test: 

(3) using secure test items or modified secure test items 
for instruction: 

(4) changing student responses at any time: 

(5) interpreting, explaining, or paraphrasing the test 
directions or the test items: 

(6) reclassifying students solely for the purpose of 
avoiding state testing: 

(7) not testing all eligible students: 

(8) failing to provide needed modifications during 
testing, if available: 

(9) modifying scoring programs including answer keys, 
equating files, and lookup tables: 

nO) modifying student records solely for the purpose of 
raising test scores: 

(11) using a single test score to make individual decisions: 
and 

(12) misleading the public concerning the results and 
interpretations of test data. 

Authority G.S. 115C-12(9)c.: ] 15C-8] (b)(4). 

SUBCHAPTER 6G - EDUCATION 
AGENCY RELATIONS 

SECTION .0300 - SCHOOL-BASED MANAGEMENT 
AND ACCOUNTABILITY PROGRAM 

.0304 DISPUTE RESOLUTION PROCESS 

In the event a local board of education does not accept a 
school's improvement plan within 60 days after the school 



12:1 



NORTH CAROLINA REGISTER 



July 1, 1997 



25 



PROPOSED RULES 



initially submitted the plan to the board, the local board or the 
school may request the SBE to mediate the disagreement. 

(1) Either the principal of the school or the local board 
of education may submit a request for mediation to 
the Department, office of instructional and 
accountability services. 

(2) The request shall summarize the dispute issues. Both 
the principal of the school and the chair of the local 
board of education shall sign the request. 

(3) The office of instructional and accountability services 
shall review the request and shall inform the 
principal of the school and the chair of the local 
board of education of the time and place for the 
mediation. 

(4) The office of instructional and accountability services 
shall assign a mediator from persons who have been 
selected as assistance team members pursuant to G.S. 
1L5C-1Q5.31. 

(5) The mediator shall assist the parties to identify 
options for solving the disagreement . 

(6) If the mediator determines that the parties can reach 
an agreement, the mediator shall suggest language 
and shall write the a greement. Each party involved 
shall agree on each part. 

(7) Each party shall sign the agreement. The agreement 
shall become a part of the school's improvement 
plan. The school shall then submit the improvement 
plan to the local board of education for its approval . 

Authority G.S. 115C-12(9)c4. 

.0305 ANNUAL PERFORMANCE 
STANDARDS, GRADES K-8 

(a) For purposes of this Section, the following definitions 
shall apply to kindergarten through eighth grade: 

(1) "Accountability measures" are SBE-adopted tests 
designed to gauge student performance and 
achievement. 

(2) "b o" means the state average rate of growth used in 
the re gression formula for the respective grades and 
subjects. The values for b, shall be based initially on 
data from spring 1993 and spring 1994 test scores. 

£3} ^ 1^ means the value used to estimate true 
proficiency in the re gression formula. The values for 
b, shall be based initially on data from spring 1993 
and spring 1994 test scores. 

(4) ^ ,_! means the value used to estimate regression to 
the mean in the regression formula. The values for 
bi shall be based initially on data from spring 1993 
and spring 1994 test scores. 

(5) "Composite score" means a summary of student 
performance in a school in reading, writing, and 
mathematics. 

(6) "Eligible students" means the total number of 
students in membership minus the number of students 
exempted from testing. 

(7) "Expected growth" means the amount of growth in 



student performance that is projected through use of 
the regression formula. 

(8) "Exemplary growth" means the amount of growth in 
student performance that is projected through use of 
the regression formula that includes the state averag e 
rate of growth adjusted by an additional ten percent 
(10%). 

£9} "Growth standards" are the benchmarks set annually 
by the SBE to measure a school's progress by use of 
the regression formula and the composite score. 

(10) "IRM" is the index for regression to the mean used 
in the regression formula. The SBE shall compute 
the IRM for reading h^ subtracting the North 
Carolina averag e reading scale score from the local 
school average reading scale score. The SBE shall 
compute the IRM for mathematics by subtracting the 
North Carolina average mathematics scale score from 
the local school average mathematics scale score. The 
SBE shall base the state average initially on data 
from the 1994-95 school year. 

(11) "ITP" IS tlie index for true proficiency used in the 
regression formula. The SBE shall compute the ITP 
by adding the North Carolina average scale scores jn 
reading and mathematics and substracting that sum 
from the addition of the local school average scale 
scores in reading and mathematics. The SBE shall 
base the state average initially on data from the 1994- 
95 school year. 

(12) "Performance standards" are the percent of students 
in a school who are at or above grade level. In 
determining the number of students who are 
performing at or above grade level at a school, the 
SBE shall: 

(A) determine the number and percentage of 
students who are at Level 111 or IV in each 
content area (reading, mathematics and 
writing) across grades: and 

(B) total the numerators for the various content 
areas, total the denominators for the various 
content areas, and calculate the total 
percentage (composite) performance standard. 

(13) "Standard deviation" is a statistic that indicates how 
much a set of scores vary. The values used in 
determining the composite score shall be based 
initially on data from the 1993-94 school year. 

(b) In carrying out its duty under G.S. 115C-105.28 to 
establish annual performance goals for each school, the SBE 
shall use both growth standards and performance standards. The 
SBE shall calculate the expected growth rate for an individual 
school by using the regression formula "Expected Growth ^b^ 
± (b, X UEi ± (b, X IRM)." 

(c) Schools shall be accoimtable for student performance and 
achievement. To be included in accountability measures for the 
growth standard, a student in grade three through grade eight 
must: 

(1) have a pre-test score and a post-test score in reading 
and mathematics. Students in grades four or seven 



26 



NORTH CAROLINA REGISTER 



July 1, 1997 



12:1 



PROPOSED RULES 



with writing scores shall also be included. 

(2) have been in membership more than one-half of the 
instructional period (91 of 180 days for re gular 
schedules or 46 of 90 days for semester or block 
schedules). 

(3) students shall be included in the performance 
standard if they have reading, mathematics, or 
writing scores without reference to pretest scores or 
length of membership. 

(d) The SBE shall include in the accountability svstem on the 
same basis as all other public schools each alternative school 
with an identification number assigned by the Depanment. Test 
scores for smdents who attend programs or classes in a facility 
that does not have a separate school number shall be reported 
to and included in the students' home schools. 

(e) Each school shall test at least 98 percent of its eligible 
students. If a school fails to test at least 98 percent of its 
eligible students for two consecutive school years, the SBE may 
designate the school as low-performing and may target the 
school for assistance and intervention. Each school shall make 
public the percent of eligible students that the school tests. 

(f) All students who are following the revised standard 
course of study and who are not eligible for exemption as set 
out in Paragraph ( g) of this Rule shall take the SBE-adopted 
tests. Every student, including those students who are exempted 
from testing, shall complete or have completed an answer 
document (except in writing ). Both the school and the LEA 
shall maintain records on tlie exemptions of students from 
testing. The Department may audit these records. 

( g) Individual students may be exempted from SBE-adopted 
tests as follows: 

(1) Limited English proficient students may be exempted 
for up to two years beginning with the time of 
enrollment if tlie student's En glish language 
proficiency has been assessed as novice/low to 
intermediate/low in listening , reading, and writing. 
A student whose En glish lan guage proficiency has 
been assessed as intermediate/high or advanced may 
be exempted from tests in which the student writes 
responses for up to two years. LEAs shall use other 
assessment methods for exempted students to 
demonstrate that these students are progressing in 
En glish and other subject areas. 

(2) Students with disabilities may be exempted on an 
individual basis if (he exemption is stated in the 
student's lEP and if the student is not following the 
revised standard course of study. If a student with 
disabilities is exempted from testing in one subject 
but is included in testing for the remaining subjects, 
that student shall be included in the school's 98 
percent tested requirement. The parent or guardian. 
or the student if over age 18. shall si gn a written 
consent for test exemption that certifies that the 
parent, guardian, or student understands that the 
exemption for the eighth grade tests may cause the 
student not to be eligible to receive a high school 
diploma. 



(h) LEAs shall administer alternative assessments to students 
who are exempted from testing to demonstrate mastery of 
course or specific curriculum content. 

(i) The SBE shall calculate a school's expected growth 
composite in student performance using the following process: 

(1) Calculate the indeces for writing (separately) for the 
three most current vears as follows: 

(A) Multiply the percent of students at level IV by 
3. 

(B) Multiply the percent of students at level III by 
2, 

(C) Determine the percent of students at level 11. 

(D) Add the three numbers together and divide by 
three. 

(E) Determine the difference in scores that is 
greatest by subtracting the index two years ago 
from the most recent index and then 
subtracting the index for the prior school year 
from the most recent index. Multiply the 
resulting difference by one half. 

(2) Review expected and exemplary growth standards for 
reading and mathematics at each grade level included 
in the state testing program. 

(3) Determine the actual growth in reading and 
mathematics at each grade level included in the state 
testing program, using data on groups of matched 
students. 

(4) Subtract the expected growth from the actual growth 
in reading and mathematics at each grade level 
included in the state testing program. In writing, one 
tenth (.1) must be subtracted from the greater of the 
two writing differences. 

(5) Divide the differences for reading, writing, and 
mathematics by the standard deviations of the 
respective differences in growth at each grade level 
to determine the standardized growth score. 

(6) Add the expected standardized growth scores for 
reading and mathematics at each grade level from 
grade 3 to 8. and for writing at grades 4 and L. If the 
resulting number is zero or above, the school has met 
the expected growth standard. 

(7) To determine the composite score for exemplary 
standards: 

(A) Subtract the exemplary growth from the actual 
growth standard in reading and mathematics at 
each grade level included in the state testing 
program, in writing, one tenth (.1) must be 
subtracted from the greater of the two writing 
differences. 

(B) Divide the difference in growth for reading, 
writing, and mathematics by the standard 
deviations of tlie respective differences in 
growth at each grade level to determine the 
standardized growth score. 

(C) Add the exemplary standardized growth scores 
for reading and mathematics at each grade 
level from grade 3 to 8^ and for writing at 



12:1 



NORTH CAROLINA REGISTER 



July I, 1997 



27 



PROPOSED RULES 



grades 4 and 7. If the resulting number is zero 
or above, the school has met the exemplary 
growth standard. 
(jl If school officials believe that the school's growth 
standards were unreasonable due to specific, compelling 
reasons, the school may appeal its growth standards to the SBE. 
The SBE shall appoint an appeals committee composed of 
principals, teachers, central office staff, superintendents, and 
local school board members to review written appeals from 
schools. The school officials must clearly document the 
circumstances that made the goals unrealistic and must submit 
its appeal to the SBE within 30 days of receipt of notice from 
the Department of the school's performance. The appeals 
committee shall review all appeals and shall make 
recommendations to the SBE. The SBE shall make the final 
decision on the reasonableness of the growth goals. 

Authority G.S. 115C-12{9)c4. 

.0306 IDENTIFICATION OF LOW- 
PERFORMING SCHOOLS 

The SBE shall use growth standards and performance 
standards from end-of-grade test scores in reading, writing, and 
mathematics to determine whether a school is low-performing. 

Authority G.S. 115C-12(9)c4. 

.0307 ASSISTANCE TEAMS 

(a) When performing its duties under G.S. 115C-105.31. 
each assistance team appointed by the SBE shall act in an 
advisory capacity to local school persoimel. local school 
boards, and the SBE. 

(b) Local boards of education and local school employees 
shall cooperate with assistance teams in the performance of 
their duties. 

(c) Members of the assistance teams shall be subject to all 
confidentiality requirements that apply to local school 
employees. 

(d) In the event of a disagreement between the assistance 
team and the school improvement team, the assistance team 
mav request help from the central office and the local board of 
education. 

(e) In carrying out its duty to evaluate employees, members 
of the assistance team shall: 

(1) use the uniform performance standards and criteria 
developed by the SBE pursuant to G.S. 1 15C-326: 

(2) possess in-depth knowledge of the performance 
evaluation process before conducting a performance 
evaluation: 

(3) use the appropriate form of the uniform performance 
standards and criteria for the category of personnel 
being evaluated, such as teachers, support persoimel. 
and administrators: 

(4) share its evaluation and recommendations with each 
employee and the employee's supervisor: and 

(5) notify the SBE of the evaluations for an employee 
who receives two consecutive evaluations by the 



assistance team that include findings and 
recommendations regarding the employee's 
inadequate performance. 
UQ An assistance team that is assigned by the SBE to a low- 
performing school may at any time recommend to the SBE that 
a teacher, assistant principal, director, or supervisor be 
dismissed or demoted for one or more of the grounds 
established in G.S. 115C-325(e)(l). 

(g) In reviewing evaluations of a local school employee, the 
SBE may deem the evaluations of the assistance team to 
supersede previous evaluations of the employee. 

Authority G.S. 115C-12(9)c4. 

.0308 DUE PROCESS PROTECTIONS 

(a) At any hearing conducted by a panel of the SBE pursuant 
to the provisions of G.S. 1 15C-325(q)(n or (q)(2). the panel 
shall sit as an impartial tribunal to receive evidence and to 
decide on the basis of that evidence whether the principal. 
assistant principal . teacher, supervisor, or director, hereafter 
referred to as "the employee." shall be dismissed. The assistance 
team assigned to the school where the employee was assigned 
shall present its case against the employee. 

(b) Both the employee and the assistance team shall have the 
right: 

(1) to be represented by counsel at the hearing: 

(2) to subpoena witnesses and documents: 

(3) to examine and cross-examine witnesses under oath: 
and 

(4) to present relevant evidence using witnesses and 
documents. 

(c) The panel of the SBE which conducts the hearing shall: 

(1) give written notice to the parties of the time and 
place of the hearing: 

(2) make a complete record of the evidence received 
during the hearing: and 

(3) issue subpoenas for witnesses and documents on 
behalf of any party to the proceedings. 

(d) Except in the case of a principal who has been suspended 
pursuant to the provisions of G.S. 115C-325(q)(D. the 
assistance team shall have the burden of proof at the hearing. A 
principal who has been suspended pursuant to the provisions of 
G.S. 115C-325(q)(n shall have the burden of proof. 

(e) Either the employee or the assistance team mav within 10 
days of notification of the panel's decision give notice of appeal 
to the full SBE. The appeal shall be on the record with no 
arguments by counsel except in the form of written briefs. The 
SBE may limit the length of written briefs. The SBE shall 
consider the appeal at its next regularly-scheduled meeting that 
is at least 20 days following receipt of notice of the a ppeal and 
shall render a decision within 30 days unless the SBE 
determines that good cause exists to extend the period or the 
parties agree to extend the period. The panel which sat and 
decided the case shall not be excluded from participation at the 
full SBE hearing. Appeal from the SBE decision shall be in 
accordance with G.S. 150B. 

UQ If the SBE appoints an interim superintendent, revokes 



28 



NORTH CAROLINA REGISTER 



July 1, 1997 



12:1 



PROPOSED RULES 



the superintendent's license, or dismisses the superintendent 
pursuant to G.S. 115C-105. 32(c). the superintendent shall not 
have the right to a hearing under this Rule but shall have the 
right to file a contested case petition pursuant to the provisions 
of Ci^ l-'^OB. The SBE shall make written findings to support 
any of these actions taken pursuant to the provisions of G.S. 
115C-IQ5. 32(c). 

(g) If the SBE revokes or refuses to renew a teacher's license 
pursuant to G.S. 115C-296(d). the procedures set forth in 16 
NCAC 6C .0312 shall apply. 

Authority G.S. 115C-12(9)c4. 

.0309 SUSPENSION OF POWERS AND 
DUTIES OF SCHOOL BOARDS 

Before the SBE suspends any of the powers and duties of a 
local board of education pursuant to the provisions of G.S. 
115C-39(b) and G.S. 115C-105. 32(d). the SBE shall provide 
written notice to the local board of the reasons for which it is 
considering suspending those powers and duties. If the local 
board fails to remedy the reasons presented to U by the SBE 
within 60 days after receiving written notice, the SBE shall 
enter an order that incorporates the reasons for suspending the 
powers and duties, the efforts that the local board has made to 
remedy those reasons, and the period of time during which 
those powers and duties shall be suspended. 

Authority G.S. 115C-12(9)c4. 



(b) Tlic Dcpaitm e nt of Public Ins tr uction will no t ify units o f 
services available to assis t them immedia t ely afte r those units 
arc notified of thei r designa t i o n as l o w performing sch o ol units 
o r sch oo l units on warning s t a t us by t he SBC. Sch o ol units on 
warning sta t us will receive t echnical assis t ance from the 
De p a rt ment only afte r assis t ance has been pr ovided to low 
performing sch oo l uni t s. Th e se s e rvices will be coordinat e d 
through the t echnical assis t ance cen t er t hat se r ves the area 
whe r e the school imit is loca t ed. The De p ar t men t will p rovide 
addi t ional funds t o low performing school uni t s p u r suan t t o 
GtS: — 1150 64. 2(b) f ro m such disc r eti o nary funds as are 
available to the De p ar t men t f o r this p ur po s e . 

(c) Each identifi e d l o w p erforming sch o ol uni t mus t submi t 
an im pr ovement plan t o the De p artmen t wi t hin 60 days 
following identifica t i o n, f or tr ansmi t tal to t he SBE. The SBE 
will re vi e w p lans and act u po n r eques t s fo r waive r s under G.S. 
1 15C-64.2(a) a t its next r egulai - ly scheduled mee t ing foll o wing 
submissi o n of t he plan. — Low p e r forming school units may 
submi t addi t ional re qu e s t s f or waive r s t o th e SBE at any t ime 
tha t such waive r s are needed. Each low performing school uni t 
will b e gin im p l e m e nting i t s im pr ovemen t p lan immediately 
after submission of t he p lan t o t he SBE. 

(d) After th e SBE has r evi e w e d the improvemen t plan and 
has acted upon waive r r equests, the De p artmen t will p r e p are 
and r elease t he r e p o rt f or each identified uni t as r equired by 
G.S. 115C-04.3(b). 



Authority G.S. 115C-64.5. 



SECTION .0400 - LOW PERFORMING 
SCHOOL UNITS 

.0401 DEFINITIONS 

(a) A "l o w p e r foiming scho o l uni t " is o ne tha t : 



.0403 



CARETAKER ADMINISTRATORS AND 
BOARDS 



t he r eaf t e r 



(a) At i t s January mee t ing o f each year or as so o n 
as is p rac t icabl e , th e SBE will re view student performance data 
and smden t d r o p ou t ra t es f or each low p e r forming school units 
for t he t wo com p l ete academic y e ars t ha t follow the unit's 
submission of an improvement plan unde r Rule .0402(c) of this 
(2) ranks — in the lowe r 23 r d p ercen t ile — in s t ud e n t Secti o n. If t he SBE finds t ha t t he uni t has no t made pro g re ss 



ti^ — does n ot mee t 75 per c e nt o f t he SBE acc r edi t a t i o n 
s t andards a t Level 1 ; 



r anKs — in the lowe r iJ r d p ercen t ile — m 

achievemen t o n t he mos t recen t Report Card issued 

by — the — SfiE — und er — the — auth or i t y — of — GtSt 

115C-12( 9 )cl.; and 

(9) — has a dr op ou t ra t e t hat is a t leas t one s t andard 

deviation above the average dropou t r a t e fo r all 

sch oo l units in t he sta t e. 

(b) A "scho o l unit on warning s t a t us" is one tha t meets any 

t w o o f the condi t ions described in Paragraph (a) of this Rule. 

Authority G.S. 115C-64.5. 

.0402 IMPROVEMENT PLANS 

fa) — The SBE will determine which school uni t s m ee t th e 
c r i t e r ia for iden t ifi c ati o n as a l o w p erforming school unit or 



s o as to hav e t he low p e r forming d e signation removed under 
Rule .0404 of this Sec t i o n, t he Board will appoin t a care t ake r 
adminis tr ator, a car e take r board, or b ot h. 

(b) The SBE will a pp oin t care t ake r administ r ato r s and board 
members — from — a — r egis tr y — main t ained — by — the — SBE. 



Educa t ion- re la t ed o r ganizations, SBE members and inte r ested 
citiz e ns may n o mina te p e r sons f or inclusion on the regis tr y. 

(c) Care t ake r adminis tr ato r s and caretake r board m e mbe r s 
sei - ve under contrac t wi t h the SBE. A con tr act will enume r a t e 
t he po we r s and duti e s n e cessary and ap p ro pr ia t e for a cai ' c t aker 
to assume his r es p onsibili t ies and will includ e any b e n e fi t s 
available t o th e car e take r , such as ret i re men t , l e av e and 
comp e nsa t i o n. A caretake r adminis tr a t o r o r board membe r will 
be appointed for an ini t ial tcim of t wo years and may be 
school unit on warning status by its Feb r uary meeting of each r ea ppo in t ed fo r addi t ional o ne-year terms at t he discretion of 



year o r as so o n the r eaf ter as is pr acticable . To r t he 1 99 1 - 1 99 2 
school year only, the SBE will determine which uni t s meet the 
c r iteria wi t hin t wo m o nths after these Rules b e come effec t ive. 
The SBE will also noti f y iden t ifi e d units immedia t ely af t e r the 
designa t i o n is made. 



th e SBE. All car e take r administ r a t o r s and board m e mbe r s will 
se r ve at the p leasu r e o f the SBE. 

(tH — If t he SBE a pp oin t s a car e tak er board, th e incumben t 
b o ard members will r e t ain t hei r offices and elec t ions shall 
c o n t inu e to be held acco r ding to law, but the only du t y of the 



12:1 



NORTH CAROLINA REGISTER 



July 1, 1997 



29 



PROPOSED RULES 



incumben t board is t o advise and assis t th e care t aker boaj - d. 

Authority G.S. 115C-64.5. 

.0404 TERMINATION OF LOW PERFORMING 
SCHOOL UNIT STATUS AND 
CARETAKERS 

Id e n t ifica t i o n as a low pLiforiiiing school uni t will b e 
r em o v e d and t he o p er a t ion of th e uni t will be r e t urned t o t h e 
l o cal sch oo l board and administrators only if the SBC finds t hat 
th e unit has met a t leas t t wo of t he following th r ee cri t eria. 

(+) th e uni t b ec om e s eligibl e f or s t a te accr e ditation under 

Se ct i o n .0200 o f t his Sub.cha pt e r ; 

(2^ t he uni t reaches the s t ate average range in overall 

achievemen t unde r the Re p or t Card; or 

t3l t he uni t 's s t uden t dropou t ra t e has dec re ased to less 

t han one standard d e via t ion above the ave r age 
d ropo ut r at e fo r all school units in the s t a te . 

Authority G.S. 115C-64.5. 



30 NORTH CAROLINA REGISTER July 1, 1997 12:1 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to 
G.S. 150B-2 1.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

Rule-making Agency: Secretary of Human Resources 

Rule Citation: 10 NCAC 14V . 7006 

Effective Date: July 8. 1997 

Findings Reviewed and Approved by: Julian Mann 

Authority for the rule-making: G.S. 122C-3; 122C-12; 
122C-194 

Reason for Proposed Action: To comply with requirements 
regarding criteria for eligibility contained in the Court Order, 
Willie A£. v. Hunt, case reference 3:79 CV294-MU. 

Comment Procedures: Written comments concerning this Rule 
should be submitted to Charlotte F. Hall, Rulemaking 
Coordinator, Division of Mental Health, Developmental 
Disabilities and Substance Abuse Services, 325 N. Salisbury 
Street, Raleigh, NC 27603-5906. Comment period will remain 
through September 2, 1997. Fiscal impact information is 
available upon request. 

CHAPTER 14 - MENTAL HEALTH: GENERAL 

SUBCHAPTER 14V - RULES FOR MENTAL HEALTH, 

DEVELOPMENTAL DISABU.ITIES, AND 

SUBSTANCE ABUSE FACILITIES AND SERVICES 

SECTION .7000 - SERVICES FOR ELIGIBLE 

ASSAULTIVE AND VIOLENT CHILDREN AND 

ADOLESCENTS 

.7006 VIOLENT OR ASSAULTIVE BEHAVIOR 
DEFINED 

(a) To meet the criterion of violent or assaultive behavior, 
there shall be evidence in the minor's recent history (within the 
12 months prior to the application or request for re-review of 
eligibility) or current functioning of one or more of the 
following: 

(1) physically attacks, with or without weapons against 
other persons or animals, or physical attacks 
resulting in property damage; 

(2) physically self-injurious behavior or serious suicidal 
attempts; 

(3) threatened attacks with a deadly weapon; 

(4) firesetting; or 

(5) predatory sexual behaviors. 

(b) hi addition, the behaviors shall meet two one or more of 



the following tests: 

(1) the attack shall be sufficiently severe that substantial 
harm to persons did result or could result without 
intervention; 

(2) the behavior shall have occurred with sufficient 
frequency to be considered a pattern of response 
(more than three times over a period of six months); 

(3) the behavior is extreme or out of proportion to the 
provocation, if any, or is not an age-appropriate 
reaction; 

(4) the behavior was sufficiently disruptive to lead to 
extrusion from or refusal for admittance to school, 
job, recreational setting, or treatment program; 

(5) the behavior resulted in severe measures of control, 
e.g., seclusion, restraints, or chemical controls; or 

(6) the behavior resulted in incarceration or 
institutionalization with the restrictive environment 
then "controlling" the behavior. 

History Note: Authority G.S. 122C-3; 122C-112; 122C-194; 

Eff. February I, 1997; 

Transferred and Recodified from 10 NCAC 18W .0206 Eff. 

February 7, 1997; 

Temporary Amendment Eff. July 8. 1997. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 



Rule-making Agency: 

Services 



EHNR - Commission for Health 



Rule Citation: 15A NCAC 19C .0801 - .0803 

Effective Date: July 7, 1997 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 1508-21. 1(a)(3); E.O. 
108. James B. Hunt. Jr.. 1997 

Reason for Proposed Action: Governor Hunt signed Executive 
Order Number 108 entitled, "North Carolina Interim Lead 
Abatement Certification Program. " This order requires the 
Department of Environment. Health, arui Natural Resources to 
temporarily certify individuals to perform specified lead 
abatement activities. 

Comment Procedures: Comments, statements, and other 
information may be submitted in writing within 60 days after 
the publication date in the North Carolina Register. Copies of 
the proposed rules may be obtained by contacting the Health 



12.1 



NORTH CAROLINA REGISTER 



July 1, 1997 



31 



TEMPORARY RULES 



Hazards Control Branch at (919) 733-0820. Written comments 
may be submitted to Mr. Pat Curran, Division of 
Epidemiology, Occupational & Environmental Epidemiology 
Section. PO Box 29601. Raleigh. NC 27626. 

CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 19C - OCCLfPATIONAL HEALTH 

SECTION .0800 - INTERIM LEAD ABATEMENT 
CERTinCATION 

.0801 DEFINITIONS 

The following definitions shall apply throughout this Section: 

(1) "Certified Project Designer" means an individual 
who is directly responsible for planning all phases of 
a lead abatement project from abatement site 
preparation through final clearance. 

£2} "Certified Inspector" means an individual who 
conducts inspections and samples for the presence 
and level of lead in paint, dust, and soil. 

(3) "Certified Risk Assessor" means an individual who 
investigates and samples for the presence of lead in 
paint, dust, and soil for the purpose of determining 
the namre. severity, and location of lead-based paint 
hazards: a certified risk assessor also samples for the 
purpose of abatement clearance testing. 

(4) "Certified Supervisor" means an individual who 
supervises and conducts lead abatement. This person 
may also develop plans and designs for abatement 
projects involving fewer than 10 housing units. 

(5) "Certified Lead Worker" means an individual who 
performs lead abatement activities under the direct 
supervision of a certified supervisor. 

(6) "Interim Certification" means the status of an 
individual who has been given temporary 
certification b^: the Program to perform specified 
abatement activities. 

History Note: Authority 150B-21 . 1 (a) (3); E. O. 108, James 

B. Hunt. Jr., 1997; 

Temporary Adoption Elf. July Z. 1997. 

.0802 CERTinCATION OF INDIVIDUALS 

(a) Persons who perform specified lead-based paint activities 
funded b^ monies granted from the federal government shall 
become certified b^ the Program in one or more of the 
following appropriate certification categories: 

n> Certified Lead Worker: 

(2) Certified Supervisor: 

(3) Certified Inspector: 

(4) Certified Project Designer: or 

(5) Certified Risk Assessor. 

(b) An applicant for cenification shall have successfully 
completed applicable training courses accredited by another 
state, whose accreditation program has been approved by the 
United States Department of Housing and Urban Development 



(HUD) for purposes of HUD's Lead-Based Paint Hazard 
Control Grant Program. However, an a pplicant who 
successfully completed an initial training course taught between 
October 1. 1990. and May 31. 1997. that was not accredited by 
a state whose accreditation program was approved by HUD at 
the time the course was taught, shall have, by the date of their 
application, successfully completed a refresher training course 
accredited by a state whose accreditation program has been 
approved by HUD. 

(c) In addition to the requirements in Paragraph (b) of this 
Rule, an a pplicant, other than those for the certified worker 
category, shall meet the following: 

H) a certified inspector shall have a hi gh school diploma 

or equivalent: 
12} a certified risk assessor shall have: 

(A) Bachelor's degree and one year of experience 
in a related field (e.g. lead, asbestos, 
environmental remediation work. or 
construction), or an Associates degree and two 
years experience in a related field (e. g. lead, 
asbestos, environmental remediation work, or 
construction): or 

(B) Certification as an industrial hvgienist. 
professional engineer, registered architect or 
certification in a related 
en gineering/health/environmental field (e.g. 
safety professional, environmental scientist): 

or 

(C) A hi gh school diploma or equivalent and al 
least three years of experience in a related 
field (e. g. lead, asbestos, environmental 
remediation work, or construction) or in the 
building trades: 

(3) a certified supervisor shall have: 

(A) A high school diploma or equivalent: and one 
year experience as a certified lead abatement 
worker: or 

(B) At least two vean experience in a related field 
(e.g. lead. asbestos. environmental 
remediation work, or construction) or in the 
building trades: 

(4) a certified project designer shall have: 

(A) A bachelor's degree in engineering, 
architecture, or related profession, and one 
year of experience in building construction 
and design or a related field: or 

(B) A high school diploma or equivalent, and four 
years experience in building construction and 
design or a related field. 

obtain certification, the applicant shall submit to the 



£d) lo 
Program: 

m 

01 



a completed application on a form provided by the 

Program: 

confirmation from a training agency that the 

applicant has completed an initial or refresher course 

accredited by a state whose accreditation program has 

been approved by HUD: the confirmation shall be in 



32 



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July 1, 1997 



12:1 



TEMPORARY RULES 



the form of aa original certificate of completion 
bearing the training a gency's official seal or an 
original letter from the training a gency, on a gency 
letterhead, confirming successful completion of the 
course: 

(3) when education is a requirement, a copy of the 
diploma or transcript: and 

(4) when work experience is a requirement, work history 
documenting lead or other related experience. 

(e) All interim certifications shall expire at the end of the 
Interim Lead Abatement Certification Program. 

(f) All certified persons shall be assigned a certification 
number by the Program. 

(g) In accordance with G.S. 130A-23. the Program may 
revoke certification for any violation of G.S. 130A. Article 19. 
or the rules of this Section, or upon finding that its issuance 
was based upon incorrect or inadequate information that 
materially affected the decision to issue certification. A person 
whose certification is revoked because of fraudulent 
misrepresentations or because of violations of Rule .0803 of 
this Section shall not reapply for certification before six months 
after the revocation and shall repeat the initial training course 
and other requirements set out in Paragraphs (b). (c). and (d) of 
this Rule. 

History Note: Authority 150B-21 . 1 (a) (3); E. O. 108, James 

B. Hunt, Jr., 1997; 

Temporary Adoption Eff. July 7. 7997. 

.0803 STANDARDS FOR CO>JDUCTING 
LEAD-BASED PAINT ACTIVITIES 

All specified lead-based paint activities funded by monies 
granted from the federal government shall be conducted in 
accordance with 40 CFR Part 745 Subpart L Subsection .227. 
which, is hereby incorporated by reference, including any 
subsequent amendments and editions. These documents are 
available for inspection at the Department of Environment. 
Health, and Natural Resources. Occupational and 
Environmental Epidemiology Section. 2728 Capital Boulevard. 
Raleigh. NC 27604. Copies may be obtained free of charge by 
writing the Occupational and Environmental Epidemiology 
Section. PO Box 29601. Raleigh. NC 27626-0601. 

History Note: Authority 1508-21. 1(a) (3); E.O. 108, James 

B. Hunt, Jr., 1997; 

Temporary Adoption Eff. July 7. 1997. 

****************** 

Rule-making Agency: DEHNR - Commission for Health 
Services 

Rule Citation: 15A NCAC 24A .0202 

Effective Date: July 1, 1997 

Findings Reviewed and Approved by: Beecher R. Gray 



Authority for the rule-making: G.S. 130A-4.2; 130A-5(3); 
130A-124; 130A-127; 130A-129; 130A-205 

Reason for Proposed Action: The purpose of this rulemaking 
is to increase the income eligibility for inpatient care under the 
Sickle Cell Program to the same scale used for outpatient care. 
This action will establish a consistent standard for determining 
eligibility for all levels of program funded care and will make 
inpatient care available to more low income clients. 

Comment Procedures: Comments may be submitted in writing 
within 60 days after the date of publication of this issue of the 
North Carolina Register to Richard Moore, Purchase of 
Medical Care Services, Office of the Controller, DEHNR, PO 
Box 29602, Raleigh, NC 27626. 

CHAPTER 24 - GENERAL PROCEDURES FOR 
PUBLIC HEALTH PROGRAMS 

SUBCHAPTER 24A - PAYMENT PROGRAMS 

SECTION .0200 - ELIGIBILITY DETERMINATIONS 

.0202 DETERMINATION OF FINANCIAL 
ELIGIBILITY 

(a) A patient must meet the financial eligibility requirements 
of this Subchapter to be eligible for benefits provided by the 
payment programs. Financial eligibility shall be determined 
through application of income scales. The definition of aimual 
net income in Rule .0203 of this Subchapter and the definitions 
of family in Rule .0204 of this Subchapter shall be used in 
applying the income scales, except as provided in Paragraphs 
ti^ £el and (g) ££1 of this Rule. 

(tr^ — A p erson shall be financially eligible f or in p atien t 
se r vices unde r the Sickle Cell P r og r am if the ne t family income 
is a t or below the f o ll o wing scale: Family Si z e 1: $4,200 ; 
Family Sire 2 : $5,300; Family Siz e 3 : $6,400; Family Size 4: 
$7,500; Family Size 5 and ove r: add $500 p e r family membe r . 

tc) £bi A person shall be financially eligible for outpa t ien t 
services under the Sickle Cell Program if the net family income 
is at or below the federal poverty level in effect on July 1 of 
each fiscal year. 

(ti) £c} A person shall be financially eligible for the HIV 
Medications Program if the net family income is at or below 
125 percent of the federal poverty level in effect on July 1 of 
each fiscal year. 

fe) (d} A person shall be financially eligible for the Kidney 
Program if the net family income is at or below the following 
scale: Family Size 1: $6,400; Family Size 2: $8,000; Family 
Size 3: $9,600; Family Size 4: $11,000; Family Size 5: 
$12,000; Family Size 6 and over: add $800 per family member. 

ff) ie} A person shall be financially eligible for the Cancer 
Program if gross family income is at or below 1 15 percent of 
the federal poverty level in effect on July 1 of each year. 

t^ £0 A child shall be financially eligible for Children's 
Special Health Services if the child is approved for Medicaid 
when applying or reapplying for program coverage, except for 



12:1 



NORTH CAROLINA REGISTER 



July 1, 1997 



33 



TEMPORARY RULES 



children eligible under Paragraph (h) {g} and ft) £hl of this 
Rule. 

(It) (^ A child approved for Children's Special Health 
Services post adoption coverage pursuant to 15 A NCAC 2 IF 
.0800, shall be eligible for services under Children's Special 
Health Services if the child's net income is at or below the 
federal poverty level in effect on July 1 of each year. 

ft) {h} Non-Medicaid eligible children covered by CSHS 
prior to January 1, 1996 who reapply for program coverage 
during 1996 shall be granted one additional year of eligibility 
if their net family income is at or below the federal poverty 
level approved for program use at the time that they apply. 

fj) £ij A person shall be financially eligible for services 
under the Adult Cystic Fibrosis Program if the net family 
income is at or below the federal poverty level in effect on July 
1 of each year. 

tki {]} The financial eligibility requirements of this 
Subchapter shall not apply to: 

(1) Migrant Health Program; 

(2) School Health Fund financial eligibility 
determinations performed by a local health 
department which has chosen to use the financial 
eligibility standards of the Department of Public 
Instruction's free lunch program; 

(3) Prenatal outpatient services sponsored through local 
health department delivery funds, 15A NCAC 21C 
.0200; or through Perinatal Program high risk 
maternity clinic reimbursement funds, 15 A NCAC 
21C .0300; 

(4) Diagnostic assessments for infants up to 12 months 
of age with sickle cell syndrome. 

t^ (k) Except as provided in Paragraphs (1) and (m) of this 
Rule, once an individual is determined financially eligible for 
payment program benefits, the individual shall remain 
financially eligible for a period of one year after the date of 
application for financial eligibility unless there is a change in 
the individual's family size pursuant to Rule .0204 of this 
Subchapter or his family's financial resources or expenses 
during that period. If there is a change, financial eligibility for 



payment program benefits must be redetermined. Financial 
eligibility must be redetermined at least once a year. 

trrt) (li For purposes of the Kidney Program and HIV 
Medications Program, once an individual is determined to be 
financially eligible, if the application for financial eligibility 
was received by the Department in the fourth quarter of the 
fiscal year, the individual shall remain financially eligible for 
benefits until the end of the next fiscal year unless there is a 
change in the individual's family size pursuant to Rule .0204 of 
this Subchapter or his family's financial resources or expenses 
during that period. 

trti [mi Children eligible for Children's Special Health 
Services Program benefits under Paragraph fg) IQ of this Rule 
are financially eligible for a service if they were Medicaid 
eligible on the date the requested service was initiated. 

ft?) £nl If the most current financial eligibility form on file 
with the Department shows that the patient was financially 
eligible on the date an Authorization Request for payment for 
drugs was received, the Authorization Request may be 
approved so long as the Authorization Request is received less 
than 30 days prior to the expiration of financial eligibility and 
the authorized service does not extend more than 30 days after 
the expiration of financial eligibility. 

History Note: Filed as A Temporary Amendment Eff. August 

9, 1993 for a period of 180 days or until the permanent rule 

becomes effective, whichever is sooner; 

Authority G.S. 130A-4.2; 130A-5(3); 130A-124; 130A-127; 

130A-129; 130A-205: 

Eff. July 1. 1981; 

Amended Eff. July 1, 1986; April 1. 1984; July 1, 1983; 

October 1, 1982; 

Transferred and Recodified from 10 NCAC 4C . 0202 Eff. April 

4, 1990; 

Amended Eff. January 1, 1996; July 1. 1995; April 1. 1995; 

October 1, 1994; 

Temporary Amendment Eff. March I, 1997; 

Temporary Amendment Eff. April 1, 1997; 

Temporary Amendment Eff. July 1. 1997. 



34 



NORTH CAROLINA REGISTER 



July 1, 1997 



12:1 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. July 17. 1997. 10:00 a.m.. 
at 1307 Glenwood Ave. , Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rule before the 
Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners by Monday. July 
14. 1997. at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review Commission at 919-733- 
2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at least 24 hours prior to the 
meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Philip O. Redwine - Chairman 

Vemice B. Howard 

Teresa L. Smallwood 

Charles H. Henry 



Appointed by House 

Bill Graham - Vice Chairman 

James Mallory, III 

Paul Powell 

Anita White 



RULES REVIEW COMMISSION MEETING DATES 



July 17, 1997 
August 21, 1997 
September 18, 1997 



October 16, 1997 
November 20, 1997 



MEETING DATE: JULY 17, 1997 

LOG OF FILINGS 

RULES SUBMITTED: MAY 20, 1997 THROUGH JUNE 20, 1997 



AGENCY/DIVISION 



RULE NAME 



RULE 



ACTION 



DHR/DIVISION OF MEDICAL ASSISTANCE 

Initial Interview 

Income 

Change in Situation 

JUSTICE/SBI/DIVISION OF CRIMINAL INFORMATION 

Definitions 

DCI Terminal Operator 
Period of Suspension 
Minimum Standards 

DEHNR/ENVmONMENTAL MANAGEMENT COMMISSION 

Conditions for Issuing 

DEHNR/COMMISSION FOR HEALTH SERVICES 

General 



10 NCAC 50B .0202 
10 NCAC SOB .0404 
10 NCAC SOB .0409 



12 NCAC 4E .0104 
12 NCAC 4E .0401 
12 NCAC 4E .0404 
12 NCAC 4E .0405 



ISA NCAC 2H .0225 



ISA NCAC 13A .0101 



Amend 
Amend 
Amend 



Amend 
Amend 
Adopt 
Adopt 



Adopt 



Amend 



TRANSPORT ATION/DFVISION OF HIGHWAYS 

Use of Right of Way Consultants 
General Regulations 

NC HOUSING FINANCE AGENCY 

Purpose 

Eligibility 



19A NCAC 2B .0164 
19ANCAC2D .0415 



24 NCAC IP .0101 
24 NCAC IP .0102 



Amend 
Amend 



Adopt 
Adopt 



12:1 



NORTH CAROLINA REGISTER 



July 1, 1997 



35 



RULES REVIEW COMMISSION 



Types of Assistance 
Application Procedures 
Selection Procedure 
Disbursement of Funds 



24 NCAC IP .0103 
24NCAC IP .0201 
24 NCAC IP .0202 
24 NCAC IP .0203 



Adopt 
Adopt 
Adopt 
Adopt 



ADMINISTRATION 



RULES REVIEW OBJECTIONS 



State Construction 

; NCAC JOG .0102- Policy 

No Response from Agency 

Agenc\' Revised Rule 
1 NCAC 30G .0104 - General Procedures 

No Response from Agency 

Agency Revised Rule 



RRC Objection 


03/20/97 




04/17/97 


Obj. Removed 


05/15/97 


RRC Objection 


03/20/97 




04/17/97 


Obj. Removed 


05/15/97 



AGRICULTURE 



2 NCAC 43F .0003 - Standards for Receptacles: Labeling: Etc. (Recodified to .0103) 

Agency Revised Rule 
2 NCAC 43H .0007 - Special Requirements (Recodified to .0107) 

Agency Revised Rule 



RRC Objection 


05/15/97 


Obj. Removed 


06/19/97 


RRC Objection 


05/15/97 


Obj. Removed 


06/19/97 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



Marine Fisheries 

15A NCAC 30 .0101 - License Agents 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



04/17/97 
05/15/97 



HUMAN RESOURCES 



Facility Services 

10 NCAC 3R .3033 - Open Heart Surgery Services Need Determinations (Rev. Cat. H) 



RRC 


Objection 


01/16/97 


Obj. 


Cont'd 


02/20/97 


Obj. 


Cont'd 


03/20/97 


Obj. 


Cont'd 


06/19/97 



DEPARTMENT OF JUSTICE 



Criminal Justice Education & Training Standards Commission 

12 NCAC 9B .0102 - Background Investigation 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



04/17/97 
05/15/97 



36 



NORTH CAROLINA REGISTER 



July 1, 1997 



12:1 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of the 
decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office of 
Administrative Hearings, (919) 733-2698. 



OFTICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 
JULIAN MANN, III 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMIN ISTRA TIVE HA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 



Meg Scott Phipps 

Robert Roosevelt Reilly Jr. 

Dolores O. Smith 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Alcoholic Beverage Comrol Comm. v. Paradise Landing, Inc. 97 ABC 0031 

DEPARTMENT OF CORRECTION 

David M Boone v. Correction. Div of Prison Admin Remedy Procedure 97 DOC 0534 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

John Ronald Taylor v. Environment, Health, & Natural Resources 97 EHR 0275 

HUMAN RESOURCES 

Division of Facility Services 

Kizzie Cooper v. DHR, Facility Svcs, Health Care Personnel Registry Sec 97 DHR 0459 

Division of Social Services 

Child Support Enforcement Section 

David Lee Chamblee Jr. v. Department of Human Resources 
Charlie T Smith v. Department of Human Resources 
Sarah Chambers v. Department of Human Resources 
Curtis L.eon Mock v Department of Human Resources 

JUSTICE 

Imran Ramnarine v. Department of Justice, Company Police Program 

Education and Training Standards Division 

Charles Thomas Ohnmacht, Jr. v. CrimI Justice Ed.n"raining Stds. Comm 
Frank Arlander Hearne v. CrimI. Justice Ed. & Training Stds. Comm. 



Gray 



Morrison 



Reilly 



Phipps 



06/13/97 



06/16/97 



06/09/97 



06/09/97 



96CRA1281 


Morrison 


06/16/97 


97 CRA 0280 


Reilly 


06/16/97 


97 CSE 0278 


Morrison 


06/16/97 


97 CSE 0490 


Mann 


06/17/97 


97DOJ2071 


Becton 


06/11/97 


96 DOJ 0353 


Phipps 


06/13/97 


97DOJ0137 


Reilly 


06/10/97 



12:1 



NORTH CAROLINA REGISTER 



July I, 1997 



37 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
>fT.'MBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Private Protective Services Board 

Privaie Protective Services Board v Phillip L- Hanson 

PUBLIC INSTRUCTION 

Meridith Kirkpatrick. by her parent, Susan Kirkpatrick and Meridith 
Kirkpatrick. Individually v. Lenoir County Board of Education 

STATE PERSONNEL 

Brunswick Community College 

Dr Donald W Skinner v Brunswick Community College 

Department of Correction 

Morton Floyd v. New Hanover Department of Correction 

Department of Public Instruction 

Frances Phillips Meloit v Department of Public Instruction 

University of North Carolina 

Diane Riggsbee-Raynor v. UNC at Chapel Hill 



96 DOJ 0795 Smith 



96 EDC 0979 Overby 



97OSP0310 Phipps 



97OSP0152 Gray 



95 DSP 0907 Trawick 



96 OSP 0326 Chess 



06/05/97 



06/02/97 



06/12/97 



06/13/97 



06/09/97 



06/04/97 



12:01 NCR 39 



38 



NORTH CAROLINA REGISTER 



July 1, 1997 



12:1 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF ORANGE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

96 OSP 0326 



DIANE RIGGSBEE-RAYNOR, 
Petitioner, 



UNC-CH, 

Respondent. 



RECOMMENDED DECISION 



FOR THE PETITIONER: 



FOR THE RESPONDENT 



This matter came on for hearing before the Honorable Sammie Chess, Jr., Administrative Law Judge, Office of 
Administrative Hearings, on October 1, 2, 3, and 30, 1996 in Raleigh, NC. 

APPEARANCES 

Alan McSurley, Esq. 
Mark Dorosin, Esq. 
157 Vi E. Franklin St. 
Chapel Hill, N.C. 27514 

Anne Brown, Esq. 

Tom Ziko, Esq. 

NC Department of Justice 

PO Box 629 

Raleigh, N.C. 27602 

ISSUES 

Did Respondent have just cause to dismiss Petitioner? 

Did Respondent discriminate against Petitioner because of her race when it dismissed Petitioner? 

Does Respondent's disciplinary policy regarding "misconduct" or its enforcement of that policy, which appears 
racially neutral, have a disparate impact on African-American employees? 



A. 
B. 
C. 



Based on competent evidence admitted at the hearing, the undersigned Administrative Law Judge makes the following: 

FINDINGS OF FACTS 

1. Petitioner was employed at UNC-CH since September 1987. She was promoted from Paygrade 61 to 63 and 
transferred to an Administrative Assistant I, Position 34577, in the Plastic Surgery Division of the School of Medicine on 
September 12, 1994. 

2. On September 16, 1994, Respondent's Department of Human Resources processed a "Commitment for Persormel 
Action" which stated that Petitioner had been "promoted to another department" and that she was placed in a"Supervisory Position. " 

3. The position into which Petitioner was promoted had been filled by a series of temporaries for some time. One 
such temporary, Kate O'Mara, had worked 98.3 hours over the two week period ending on September 4, 1994, and 54 hours for 
the one week period ending September 11, 1994. 

4. When Petitioner came to work, she reported to the Division Director, Dr. Thomas Lawrence, who told her he 
expected her to work long hours. 



12:1 



NORTH CAROLINA REGISTER 



July 1, 1997 



39 



CONTESTED CASE DECISIONS 



5. Dr. Lawrence did not tell Petitioner she was exempt or non-exempt under the Wage and Hour Act. He told her 
that when she worked over eight hours on one day, or worked over 40 hours on one week, she should keep track of her time, and 
that she could take a comparable amount of time off later to make up for it. 

6. Petitioner and another Division administrator, Michelle Sydnor, filled out their time cards every other Friday. 
One of them would take both time cards to Dr. Lawrence or, when he was not available, to Dr. A.G. Bevin, who had been the 
Division Director for many years, for their approval. Ms. Sydnor was exempt from the Wage and Hour Act. 

7. All of the employees in the Division of Plastic Surgery during the time material to this case were white except 
Petitioner, who is African American. 

8. During the first five months of Petitioner's new job, two division employees left for maternity leave. 

9. The School of Medicine had recently instimted a centralized computerized billing system. Dr. Lawrence and Dr. 
Bevin had strongly opposed this new system. Petitioner was assigned to implement the new system. 

10. Petitioner worked more that 40 hours practically every week for several months after she started her new job. 

11. Dr Lawrence knew that Petitioner would have to work overtime to get the new system operational. 

12. Dr. Lawrence knew that Petitioner worked over 8 hours a day and over 40 hours per week, and that she turned 
in time sheets every two weeks which showed 40 hours a week. He and Dr. Bevin routinely signed off on her time sheets. 

13. Dr. Lawrence approved Petitioner's taking time off, as straight time ( hour for hour), for the extra hours she had 
worked. 

14. The department was short of money to pay for overtime. 

15. Petitioner asked Ms. Lynn Tapp. who worked as an administrator in the School of Medicine, what Petitioner 
should do about the amount of extra hours she was working. Ms. Tapp told her there would be no relief, and that Petitioner should 
keep track of the extra hours. 

16. Based on Ms. Tapp's instructions. Petitioner kept track of the hours she was working on small note papers each 
week, and eventually transferred them to a spread sheet in her computer. Ms. Sydnor was aware of Petitioner's notes. 

17. Ms. Tapp, Dr. Bevin, Dr Lawrence, and Ms. Sydnor were aware that Petitioner was working in excess of forty 
hours practically every week. 

18. Petitioner believed she was acting properly because of Dr. Lawrence's knowledge of her working overtime, his 
approval of her time cards, and his decision to give her straight time off to make up for the extra time worked. 

19. The University, until January 1995, had a policy called "Budget Time Off" which provided that non-exempt 
employees who worked over 40 hours a week could take comparable time off within the same pay period. 

20. "Budget Time Off" policy was eliminated in January, 1995. A new "compensatory time off" policy was 
instituted, providing that one and one-half times the amount time worked beyond 40 hours in a work week was owed the employee 
in compensatory time off. 

2 1 . Petitioner's department was short of money but Petitioner was expected to implement the new computerized billing 
system although it meant working overtime. 

22. Dr. Lawrence moved to Massachusetts in July, 1995, and was replaced by Dr. Gerald Sloan. 

23. On August 3, 1995, Petitioner requested of Dr. Sloan that she wished to take 16 hours of "no leave time" on 
September 7th and 8th, to attend the State Employees Association of North Carolina annual convention, and that she wished to take 
40 hours of "no leave time" on the week of October 16 through October 20 for a week long vacation with her husband. 



40 NORTH CAROLINA REGISTER July 1, 1997 12:1 



CONTESTED CASE DECISIONS 



24. She informed Dr. Sloan that because of the many extra hours she had worked, these 40 hours were part of the 
comparable time owed to her. 

25. Dr. Sloan had signed off on Petitioner's time sheets, and knew she had been working over 40 hours a week. 

26. Dr. Sloan asked Petitioner whether her time sheets reflected the actual hours she worked. 

27. She readily told him that her hours were often understated and that she worked many more hours than reported 
on her time sheet. 

28. She told him that she had been directed to do so by Dr. Lawrence. 

29. Petitioner explained to Dr. Sloan that Dr. Lawrence understood that amount of work she was being asked to do 
could not be completed in a 40 hour week. 

30. She explained that Dr. Lawrence appreciated her willingness to do the additional work necessary, and that he had 
allowed her to take straight time off for the extra time she had worked. 

3 1 . Dr. Lawrence turned Petitioner's leave request over to Ms. Tapp, who worked in the School of Medicine. 

32. Ms. Tapp asked Petitioner if she had any records to show how much extra time she had worked. 

33. Petitioner immediately produced the spread sheet she had kept pursuant to Ms. Tapp's instruction to keep records 
of her extra time. 

34. On August 31, 1995, Respondent authorized two days paid time off to each SEANC delegate attending the 
SEANC conference. 

35. Petitioner went to the conference September 7 & 8, 1995. 

36. Late in the afternoon of September 11, 1995, Respondent directed Petitioner to come to a "pre-disciplinary 
conference" the next morning at 8:30 a.m. because she "altered her work schedule" between "10/1/94 and 8/6/95" without advance 
approval of management;" and she had "falsified (your) time records by failing to accurately record all the hours you had worked." 

37. Petitioner was given no time to prepare her response. 

38. Petitioner called Dr. Lawrence at the Department of Surgery at the University of Massachusetts on September 
12, 1995. 

39. Dr. Lawrence faxed a letter to Ken Litowsky on September 13, 1995 at 8:21 A.M. Dr. Lawrence explained that 
he was "fully aware" that Petitioner was "frequently working late. ... In addition to learning a new job, she was required to take 
on additional responsibilities as a result of a rearrangement in the billing system utilized for the Hand Management Center. She 
willfully stayed late in order to meet the needs of her position. She was aware of the precarious financial state of the division and 
therefore was taking time off on other occasions instead of putting overtime on her time sheet. " 

40. Petitioner told Dr. Bevin what she had been charged with and he sent a letter on September 12, 1995, in which 
he acknowledged that he signed several time sheets for Petitioner, and that he knew that Petitioner's job, particularly in the first 
period, "required much more than forty hours per week to accomplish. " Dr. Bevin said he failed to see a basis for indicating that 
Petitioner "falsified" records, since "failure to do something, or even negligence, is quite different that falsification." 

41. Petitioner was discharged on September 18, 1995. 

42. The previous three numbered reasons for the recommendation for Petitioner's discipline were changed in the 
discharge letter. 

43. The letter, signed by Ms. Tapp, stated the "pivotal issues" for discharging Petitioner were "the manner in which 
you handled documenting your time worked and your time not worked" and your "judgment as a manager, supervisor and employee 



12:1 NORTH CAROLINA REGISTER July 1, 1997 41 



CONTESTED CASE DECISIONS 



of the Department of Surgery. " 

44. Petitioner said; unequivocally, that Ms. Lynn Tapp, Administrative Manager of the Department of Surgery, told 
her to keep a record of her overtime. 

45. Ms. Tapp says she does not recall ever telling Petitioner to keep a record of her overtime. 

46. Not recalling ever telling someone something is different from an unequivocal statement that she "did not" tell 
Petitioner to work overtime and keep a record of her overtime. 

47. Ms. Tapp says that she did not make any suggestions and Petitioner continued to work overtime. 

48. Ms. Tapp says she did not disapprove of Petitioner working overtime, nor did she talk with Petitioner about how 
to handle the compensator}' time or other, although she had a regular meeting with Petitioner on a monthly basis. 

49. The Court observed the demeanor of Ms. Tapp on cross examination regarding whether she told Petitioner to keep 

a record of Petitioner's overtime. 

50. The Court found Ms. Tapp to be evasive in responding to questions about "telling Petitioner to write down 
overtime worked." 

51. The Court finds Petitioner to be the more credible in her testimony. 

52. Petitioner was forthright in her testimony on direct and cross examination. 

53. The Coun finds that Petitioner worked overtime to " meet the operational needs of the Division." 

54. The Court fmds that Petitioner's supervisor knew and approved of her working overtime to get the new system 
implemented. 

55. Respondent's super\'ising employees asserted lack of approval at this stage is disingenuous. 

56. Although Respondent's supervisory employees signed off on Petitioner's time sheets, not one faced any 
disciplinary charge or even an assertion of "misconduct." 

57. Although Mr. Litowsky went to great length to assist the 10 white employee in the Dental Department in retaining 
their positions, he made no such effort to assist or accommodate Petitioner who had the same or similar problems. 

58. Mr. Litowsky helped in conducting Petitioner's "pre-disciplinary" conference. 

59. Mr. Litowsk>' was later brought in to investigate possible abuses of Respondent's overtime policies at the UNC 
Dental School. 

60. Ten employees at the Dental School had possibly worked extra hours and failed to report them. 

61. The ten employees were white. 

62. Mr. Litowsky investigated the Dental School by conducting interviews with the ten employees. 

63. One employee, a manager like Petitioner who was not exempt from the Wage and Hour laws, kept a record of 
the hours she worked, and had several hours which she had not reported and Mr. Litowsky told a white Dental School employee 
the "number of hours" she failed to report on her time sheet were "not enough to get anyone in trouble." 

64. Mr. Litowsky helped a second Dentistry employee recreate her records and to create a data sheet showing where 
she was owed overtime. He told the Director of Business and Finance at the School of Dentistry that, since this employee had taken 
time off on an hour-for-hour basis (just as Petitioner had done), Respondent owed this employee only the "1/2 portion" of the 
overtime, because she had already taken the "time portion." 



42 NORTH CAROLINA REGISTER July 1, 1997 12:1 



CONTESTED CASE DECISIONS 



65. Not one of the 10 white employees investigated by Mr. Litowsky was disciplined for not reporting their hours 
accurately on their time sheets. 

66. To the contrary, Mr. Litowsky was very helpful and respectful throughout the process in helping them avoid the 
rules. 

67. The Dental School investigation occurred from November, 1995 through April, 1996. 

68. Petitioner appealed her dismissal at the agency, and she was denied the right to counsel because Respondent's 
Grievance Procedure bars attorney representation at that level . 

69. Respondent and management consulted with Mr. Drake Maynard, a law school graduate, in the discharge and 
grievance procedure. 

70. The Grievance Panel recommended that Petitioner be reinstated at the University. 

71. The Chancellor rejected this recommendation, and he upheld the School of Medicine's discharge. 

72. The School of Medicine nor Respondent University has ever dismissed an employee for filling out time sheets 
the way Petitioner did. 

73. The Human Resources Department had no policy or procedure in place to ensure that disciplinary policies were 
being enforced in a standardized, consistent maimer within the University. 

Based on the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the following: 

CONCLUSIONS OF LAW 

1 . Petitioner was a permanent state employee subject to the State Personnel Act at the time of her dismissal . Because 
she alleged Respondent lacked just cause for her dismissal, the Office of Administrative Hearings has jurisdiction to hear her appeal 
and issue a Recommended Decision to the State Personnel Commission. 126-35,126-37,126-39, 150B 23, and 150B-36. 

2. "The word 'falsify' may be used to convey two distinct meanings, either that of being intentionally or knowingly 
untrue, made with intent to defraud, or mistakenly and accidentally untrue. " Washer v^ Bank of American Nat. Trust & Savings 
Ass'n. 21 cal.2d 822, 136 P. 2d 297,301. 

3. Respondent amended its policies in January, 1995, adding the modifying adverb "knowingly" to its own policies 
regarding accurate reporting of time records. Respondent thus adopted expressly the definition of "with intent to defraud." 

4. Petitioner did nothing with the intent to defraud Respondent. She kept records of the hours she worked, she asked 
for 40 hours of comparable time off because Respondent owed her at least this much, and she provided records of the extra time 
she worked. Petitioner did nothing to conceal the fact that she was working overtime. It was a fact well known by other employees 
and her supervisors. 

5. Petitioner was held to a different standard than Respondent's white employees. 

6. Respondent acted arbitrarily and capriciously when it did not follow its rules or the procedural requirements of 
G.S. 126-35, when it failed to list the specific reasons for dismissing Petitioner. 

RECOMMENDED DECISION 

Petitioner be reinstated to her former position, or a comparable one in accordance with 25 N.C.A.C. IB .0428 and that 
she receive back pay in accordance with 25 N.C.A.C. IB .0421 and all other benefits of continuous employment from September 
12, 1995 until such time as she is reinstated. In addition. Petitioner is awarded reasonable attorney fees in an amount to be 
determined by the Commission after the submission of a Petition for Attorney fees accompanied by an affidavit and itemized 
accounting of the fees and other costs incurred. 



12:1 NORTH CAROLINA REGISTER July 1, 1997 43 



CONTESTED CASE DECISIONS 



ORDER 

IT IS HEREBY ORDERED that the agency serve a copy of the final decision on the Office of Administrative Hearings, 
P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

1 . The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this Recommended Decision and to present written argument to those in the agency who will make the final decision. 
N.C. Gen. Stat. 150B-36(a) . 

2. The agency is required by N.C.G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish 
a copy to the parties' attorney of record and to the Office of Administrative Hearings. 

3. The agency making the final decision in this contested case is the State Persoimel Commission. 

This the 4'" day of June, 1997. 



Sammie Chess, Jr. 
Administrative Law Judge 



44 NORTH CAROLINA REGISTER July I, 1997 12:1 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



I he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. The other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Jomt Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 2 1 contains the chapters of the various occupational licensing boards. 



12:1 



NORTH CAROLINA REGISTER 



July 1, 1997 



45 



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o> 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1997 



DESCRIPTION 



CODE 



ANNUM 
SUBSCRIPTION PRICE 



Title 1 • Dept. of Administration - Complete Title 201 00 001 

Division of Purchase & Contract 201 10 051 

Federal Block Grant Funds 201 10 331 

Title 2 - Dept. of Agriculture - Complete Title 202 00 001 

Food & Drug Protection Division 202 15 091 

Structural Pest Control Committee 202 15 341 

Agricultural Markets 202 15 431 

Plant Industry 202 15 481 

Animal Industry 202 15 521 

Title 3 - Dept. of State Auditor - Complete Title 203 00 00 1 

Title 4 - Dept. of Commerce - Complete Title 204 00 001 

Alcoholic Beverage Control Commission 204 15 021 

Banking Commission 204 15 031 

Credit Union Division 204 15 061 

Savings & Loan Division 204 15 091 

Industrial Commission/Workers Compensation 204 15 101 

Savings Institutions Division 204 15 161 

Title 5 - Dept. of Corrections • Complete Title 205 00 001 

Division of Prisons 205 15021 

Title 6 ■ Council of State - Complete Title 206 00 00 1 

Title 7 - Dept. of Cultural Resources - Complete Title 207 00 001 

Title 8 - State Board of Elections - Complete Title 208 00 00 1 

Title 9 - Offices of the Governor & Lt. Governor - Complete Title 209 00 00 1 

Title 1 - Dept. of Human Resources - Complete Title 2 1 00 00 1 

Licensing of Health Facilities 210 20 101 

Detention Facilities 210 20 201 

Mental Health & Rehabilitation Services 210 20 301 



$90.00 

$30.00 
$25.00 

$140.00 

$35.00 
$30.00 
$30.00 
$30.00 
$30.00 

$25.00 
$125.00 

$45.00 
$45.00 
$25.00 
$25.00 
$30.00 
$35.00 

$70.00 

$35.00 

$30.00 
$60.00 
$30.00 
$45.00 
$470.00 

$95.00 
$40.00 
$110.00 



Social Services 


210 20 401 


$185.00 


Children Services/Day Care 


210 20411 


$55.00 


Services for the Aging 


21020 421 


$45.00 


Services for the Blind 


210 20 431 


$40.00 


Services for the Deaf & Hard of Hearing 


210 20 441 


$25.00 


Employment Opportunities 


21020451 


$45.00 


Title 1 1 - Dept. of Insurance - Complete Title 


21100001 


$90.00 


Insurance 


211 10011 


$80.00 


Consumer Services 


211 10041 


$30.00 


Fire Si Rescue Services 


211 10051 


$25.00 


Agent Services 


211 10061 


$35.00 


Engineering & Building Codes 


211 10081 


$30.00 


Title 1 2 - Dept. of Justice - Complete Title 


21200 001 


$90.00 


Private Protective Services 


212 10071 


$30.00 


Police & Sheriff's Education & Training Standards 


212 10091 


$40.00 


NC Alarm Systems Licensing Board 


212 10 111 


$30.00 


Title 13 - Dept. of Labor - Complete Title 


21300 001 


$110.00 


Mine & Quarry Safety 


213 15061 


$25.00 


General Safety/OSHA 


213 20 001 


$70.00 


Wage & Hour Rules 


213 15 121 


$25.00 


Boiler & Pressure Vessel Safety 


213 15 131 


$25.00 


Apprenticeship & Training 


213 15 141 


$25.00 


Elevator & Amusement Device Safety 


213 15 151 


$25.00 


Title 14A - Dept. of Crime Control & Public Safety - Complete Title 


21400 001 


$45.00 


Alcohol Law Enforcement 


214 00 081 


$25.00 


Victims Compensation Fund 


21400 111 


$25.00 


Title 15A - Dept. of Environ., HeaWi, & Nat. Resources • Complete Title 


21500 001 


$395.00 


Environmental Management 


215 15001 


$165.00 


Air Quality 


215 15 101 


$90,00 


Water Quality 


215 15201 


$85.00 


Land & Waste Management 


215 15301 


$85.00 


Solid Waste Management 


215 15311 


$50.00 



DESCRimON 



CODE 



ANNUAL 
SUBSCRIPTION PRICE 



Underground Storage Tanks 

Coastal Management, Fishing & Boating 

Environinental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxilizer & Breathalizer 

Tirie 16 - Dept. of Publk Instruction - Complete Title 

Elementary & Secondary Education 

Title 1 7 - Department of Revenue - &>mplete Title 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 1 8 - Secretary of State - CompleteTitle 

Securities Division 

Title 1 9A - Dept. of Transportation - Complete Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of tf>e State Treasurer - Complete Title 

Title 21 - Occupational Licensing Boards - Complete Title 

TiHe 22 - Administrative Procedures • Repealed 

Title 23 - Community Colleges ■ Complete Title 

Title 24 - Independent Agencies - Complete Title 

Title 25 - Office of State Personnel - CompleteTitle 

Title 26 • Office of Administrative Hearings - Complete Title 

Title 27 - North Carolina State Bar - Complete Title 

North Carolina Administrative Code - Complete Code 

(Add $85.00 Shipping and Handling) 

CD-ROM North Carolina Administrative Code 

(updated quarterly) 

CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

Binderls) Tiried "Official North Carolina AdminishxitiYe Code" 



215 15 321 
215 15401 
215 25 001 
21525 101 
215 25 201 

215 25 301 
21525311 

216 00 001 

216 10061 

21700 001 

217 15 101 
217 15 201 
217 15 271 

217 15 291 

21800 001 

218 10 060 

21900 001 

219 10021 

219 10031 

220 00 001 

221 00 001 
n/o 

223 00 001 

224 00 001 

225 00 001 

226 00 001 

227 00 001 
299 99 981 

266 00 001 

266 50 001 

288 50 001 
288 80 001 
299 90 000 



S30.00 

$53.00 

$150.00 

$65.00 

$60.00 

$85.00 

$25.00 

$60.00 

$30.00 

$130.00 

$40.00 
$70.00 
$45.00 
$30.00 

$60.00 

$35.00 

$90.00 

$45.00 
$45.00 

$45.00 
$230.00 



$45.00 
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$80.00 
$35.00 
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